” The American Journal of International Law 55 (2). 1 June 2001 - Judgment . The crimes committed by the Accused concern the vital interests of the State, thus it has a right to punish the Accused pursuant to the protective principle (para. Such a violation of international law constitutes an international tort, which may be “cured” by waiver. The Accused, Adolf Eichmann, was an Austrian by birth who volunteered to work for the Security Service (SD) in Berlin. 3 He was seized by Israeli secret Retrieved 15 May 2010 http://www. In a way, Israel feels justified in carrying out such actions since they see no one else would help redress their grievances, thereby taking it upon themselves to do it. Adolf Eichmann was in charge of the identification, assembly, and transportation of Jews in all parts of Europe that were occupied by Nazi Germany to extermination camps in German-occupied Poland, including Auschwitz, a task that he carried out with zeal and resourcefulness. From a clerk, he became an administrator in the Central Office of Jewish Emigration which was tasked in deporting Jews from Austria (Sachs 2001, p. 24). He was captured by Allied forces but managed to escape and find refuge in Argentina where he stayed until his capture in 1960. In a 5-4 decision, the Supreme … Eichmann was found guilty for his involvement in the Holocaust and sentenced to death by hanging two years later. Judgment 1. His success was such that approximately 150,000 Austrian Jews were forced to emigrate and he was appointed head of the new Reich Central Office for Jewish Emigration in October 1939 (para. The trial commenced on 11 April 1961 with the indictment charging Eichmann with 15 counts of crimes against the Jewish people, crimes against humanity, war crimes and membership in an organisation declared criminal by the International Military Tribunal in Nuremberg 15 years earlier. 326 (196I); Silving, In Re Eichmann: A Dilemma of Law and Morality, 55 AM. Prior to the outbreak of World War II, the Accused was a member of the Austrian SS and later volunteered for a position with the Head Office of the Security Service (SD) in Berlin (para. BAGARAGAZA, Michel. The most dramatic case, known as the Kastner trial, was a 1954-1955 proceeding in which it was decided that Dr. Rudolf Kastner, who headed the Hungarian Jews’ rescue committee in … It was here that the “Final Solution” to the Jewish Question was finalized in terms of logistics as Heydrich bared plans to exterminate the Jews. For legal discussion, see Green, The Eichmann Case, 23 MODERN L. REV. PODCAST. Brief for United States 28, 29. In 1960, former Nazi official Adolf Eichmann was arrested by Israeli intelligence operatives in Argentina in a covert operation as part of the Jewish state’s commitment to bring to justice all those who were responsible for the Holocaust that claimed the lives of roughly 6 million Jews in the death camps run by the Nazis as part of their “Final Solution” to eradicate the Jews from the face of the earth because they were regarded by The Nazis as the source of all evil. This law does not violate the principles of international law (para. The Act proscribes conduct (other than disposal) that damages or mistreats a flag, without regard to the actor's motive, his intended message, or the likely effects of his conduct on onlookers. The allegations concerned the murder of Spanish citizens in Chile, which offences were within the jurisdiction of Spain. The censure or reparation was perhaps a “concession” to help Argentina “save face” because of its policy of not extraditing former Nazis and as a way assuaging their “wounded” national pride or sovereignty because of Israel’s actions. website. In early 1942, the Accused was appointed the Referant of the RSHA in matters connected to the Final Solution (para. In implementing the Final Solution, the Accused received information as to the number of persons to be expelled (para. The prosecution, as well as the Israeli government countered that although they did admit they violated Argentine law, this did not entirely constitute a violation of Argentina’s sovereignty and the Israeli government even regretted it but due to its implicit nature, Argentina regarded it an apology and therefore an admission of guilt to which the Israelis rebutted that the Eichmann’s capture did not present a clear and present danger to the national security of Argentina in any way. In 1989, Congress passed the Flag Protection Act which made it a crime to destroy an American flag or any likeness of an American flag which may be "commonly displayed." See also Rousseau, Crontique des Faits Internationaux, 64 REVUE GgNtRALE DE DROIT INTERNATIONAL PUBLIC 771, 772-786 (i96i). Adolf Eichmann (defendant) was a German Nazi officer involved in the internment and extermination of Jewish people during World War II. However, the Israelis felt … 145). Adolf Eichmann (defendant) was a German Nazi officer involved in the internment and extermination of Jewish people during World War II. These "Transport Jews" were taken to concentration camps and those who were unfit for hard labour were exterminated immediately (para. Despite Israel’s efforts to justify their actions, the UN Security Council censured Israel. As secretary, Eichmann was tasked to record the proceedings and was therefore privy to this master plan. See also the brief discussion in Prosecutor v. ... ‘ The Eichmann Case in International Law ’, (1962) Criminal Law Review 671, at 681–67. This rule applies equally in cases where the accused is relying on violations of international, rather than domestic, law (para. 262-263). This jurisdiction is not negated by the manner in which the Accused was brought before the Court. It explores how these decisions contribute to the debate on the right to reparation for victims of international humanitarian law violations. However, they made sure that they possess moral ascendancy, rather than the desire for revenge in carrying out these acts. BAGILISHEMA, Ignace. Academic Content. Furthermore, it also showed that laws, national and international are not perfect as they contain loopholes that would enable those guilty to escape punishment and this was what Eichmann and other former Nazis thought, not to mention that the pursuit of justice has no time limit. Two years later, he was appointed into the Sicherheitsdienst (SD), the security service branch under the SS, hunting down dissidents, spies and Jews which was akin to the Gestapo, the dreaded secret police of Nazi Germany known for their brutal methods. 17 June 1997 - Amended Indictment. When the war ended, Eichmann escaped to Argentina, where years later, he was kidnapped by Israeli officers and forcibly brought to Israel for trial for war-crime charges. ” If this were to be followed, Eichmann could not be arrested and it can be inferred here that the Argentine government would never consent with the Israel’s request to hand over any Nazi fugitives living in their territory nor cooperate in any way because of this policy, overt or otherwise. 88). If there was one other thing going in Israel’s case, they chose to try him, rather than kill him in Argentina, something that was very easy to do, but which would have created far greater repercussions. Bibliography Bibliography Arendt Hannah. Under Section 8 of the Punishment Law, the defence of superior orders (contained in Section 19(b) of the Criminal Code Ordinance of 1936) is not available in case of offences enumerated by the afore-mentioned Law but may be taken into account as a factor at sentencing (para. we might edit this sample to provide you with a plagiarism-free paper, Service The Accused, Adolf Eichmann, was an Austrian by birth who volunteered to work for the Security Service (SD) in Berlin. After the conference, he was designated Transportation Administrator where ahe served as the chief facilitator of Jews to the death camps following Heydrich’s assassination (Arendt, 1963, p. 112; Sachs, 2001, p. 58-59). © Copyright 2013 International Crimes Database project - All Rights Reserved, Feedback, cooperation and use of materials, The Eichmann Trial or the Incorrigible Victors. It was argued together with the case United States v.Haggerty.It built on the opinion handed down in the Court's decision the prior year in Texas v. 10). The law did, however, allow proper disposal of a worn or soiled flag. The rationale behind this is that “all offenses committed in the last war (World War II) had fallen under the statue of limitation fifteen years after the end of the war (Arendt 1963, p. 264). Jurisdiction Issue: Following Eichmann’s capture, Israel conducted belated negotiations with the Argentine government which was outraged upon learning what had happened and they brought this case to the UN, denouncing Israel’s violation of their sovereignty by sending its operatives to apprehend an “Argentine citizen” and doing this without the express permission and consent of the government. On Universal Jurisdiction – Birth, Life and a Near-Death Experience? Sections 1(a)(1),(2),(3), 1(b) and 8 of the the Nazis and Nazi Collaborators (Punishment) Law. 2 September 1998 - Judgement . It required Israel to extend an apology to the Argentine government and make reparations. Adolf Eichmann: Engineer of Death. Sentence of life imprisonment affirmed on appeal on 1 June 2001. ” (Luke 18:7-8 New American Bible). Home » The Cases. Eichmann’s Profile: Adolf Eichmann (1906-1962) became a member of the Nazi party in 1932 and the party saw greater things come to him as he joined the Schutzstaffel (SS), Adolf’s Hitler’s elite bodyguards. MS Eichmann seated in dock. The Act contained an exception for disposing of a flag once it had become worn or soiled. The Eichmann case is an exanple of such a commitment but at the same time, shows one major obstacle in terms of international jurisdiction. He was convicted of all 15 counts and sentenced to death. Eichmann’s Memoirs Given to German Publication in Violation of Life Contract (11/01/60) [pdf] Eichmann’s Movements Traced Through Syria and Egypt (11/23/53) [pdf] European Parliament Resolution on Eichmann Aide Alois Brunner (9/19/91) [pdf] FBI Forwards Reports on Eichmann (9/30/59) [pdf] FBI Informant Reports on Eichmann Case (8/19/60) [pdf] The Israeli position also asserted the exceptionality and uniqueness of Eichmann’s case and that this should be something worth considering given the fact the whole world by that time was aware of the atrocities committed by the Nazis. Zentner, Christian, and Friedemann Bedürftig, editors. Attorney General V. Adolf Eichmann-Case Brief. J. INT'L L. 307 (196i). But testimonies from other former Nazis who worked closely with Eichmann stated that Eichmann hardly looked like an obedient Nazi and often exercised initiative without the need to wait for orders from the top (Arendt, 1963, p. 149; Sachs 2001, p. 77; Lisciotto, 2007). The Cases . The Appellant, Adolf Eichmann, was found guilty by the District Court of Jerusalem of offences of the most extreme gravity against the Nazis and Nazi Collaborators (Punishment) Law 5710-1950 (hereinafter - "the Law") and was sentenced to death. 59). 164 Brownlie, I., ‘ Eichmann: A Further Comment ’, (1962) Criminal Law Review 817, at 817. Although accurate figures may never be known, it is estimated that some 6 million Jewish individuals died – men, women, and children from all over Europe. FOR ONLY $13.90/PAGE, Jones v. Alfred H. Mayer Company – Oral Argument – April 02, 1968, Religious Fundamentalism and The Middle East Conflicts, Planned Parenthood of Southeastern Pennsylvania v. Casey, Tinker v. Des Moines Independent Community School District, GET YOUR CUSTOM ESSAY Eichmann was sentenced to death by hanging. 11 mai 1960. Eichmann appealed the decision of the District Court. Filings for this case in the Judicial Records and Archives Database. These incidents showed that Israel, though the world may not agree with its practice, is committed to justice and will not let any law prevent it from ensuring that real justice will be served, one way or the other but making sure that the punishment fits the crime. “In Re Eichmann: A Dilemma of Law and Morality. Given these circumstances, Eichmann’s arrest was illegal and this could have made his trial null and void. From the outbreak of the War to mid-1941, the Accused devised and carried out the mass deportation of Jewish persons from his role as the Special Referent for Emigration and Evacuation within the RSHA (paras. In autumn 1942, a cover up effort was begun as bodies in mass graves were burned in an effort to hide the slaughter (para. 152) and the camp at Bergen-Belsen (para. Eichman and others were prosecuted under the federal Flag Protection Act for setting fire to American flags. Eichmann still had to answer for his actions and the passage of time did not guarantee he was absolved. 35). 166 Arendt, supra note 2, at 247. However, Chaplinsky v. New Hampshire, 315 U.S. 568, 572, 62 S.Ct. Eichmann was a German Nazi and a SS-Obersturmbannführer equivalent to Lieutenant Colonel. Security, Unique By contrast, the Texas statute expressly prohibited only those acts of physical flag desecration "that the actor knows will seriously offend" onlookers, and the former federal statute … (Source picture: Israel Government Press Office/Wikipedia). This was the reason why Israeli took it upon themselves to apprehend Eichmann in a covert operation. Bagosora et al. In the affirmative, is jurisdiction negated by the abduction of the Accused from a foreign country? During Eichmann’s trial, the defense brought up this issue in addition to several others; among them were the legality of the trial itself, the invalidity of Israel’s laws calling for the punishment of Nazis involved in the Holocaust, and that Israel did not exist yet as a state when Eichmann was said to have committed the crimes he was charged with. Sachs, R. (2001). There was also a political angle to the case. Is obeying superior orders a defence excluding criminal responsibility? 153). One has also to remember the covert operation they did in going after those who planned the massacre of its athletes during the 1972 Olympics in Munich as well as other acts of terrorism committed against Israelis the world over. 307-358. 98). HAVEN’T FOUND ESSAY YOU WANT? Hi there, would you like to get such a paper? Cf. In this capacity, he oversaw the transport and deportation of Jewish persons, … The crimes perpetrated by the Nazis during Hitler’s reign against Jewish citizens were some of the worst recorded in history. The Eichmann case was not the only time Israel committed such an act. The issue of territorial jurisdiction could have raised criticisms and would have worked against Israel’s favor since, as stated by Eichmann’s defense counsel that Israel did exist yet and legally, had no right to try Eichmann and even if it did exist, the crimes did not take place in Israel (Arendt 1963, pp. 218). Lisciotto, C. (2007). It can be further inferred here that there were political undertones behind these circumstances. Several prosecutions resulted from the Act. Second, the specific character of the crimes, which was the extermination of the Jewish people, provides the necessary linking point between the Accused and the newly-founded State of Israel, a State established and recognised as the State of the Jews (para. New York: Rosen Publishing Group, Inc. Silving, H. (1961). Eichmann’s conviction in August 1961 was upheld by the Supreme Court of Israel and on May 31, 1962, he was sent to the gallows. Furthermore, Israel invoked universal jurisdiction and passive-personality. When the SD merged with the State Secret Police (Gestapo) to form the Head Office for Reich Security (RSHA), the Accused occupied the role of Special Officer of Zionist Affairs (para. Immunity versus Human Rights: The Pinochet Case 239 4 The first provisional warrant had been issued, on the basis of the 1989 Extradition Act, by Mr Nicholas Evans, a Metropolitan Stipendiary Magistrate on 16 October 1998. Facts of the case. The Accused was convicted on all fifteen counts and sentenced to death (para. 47 Bergen St--Floor 3, Brooklyn, NY 11201, USA, Sorry, but copying text is forbidden on this 41). Also briefly describes Eichmann’s trial in Jerusalem. By trying him, Israel wanted to make a statement that it is committed to serving justice, not revenge which could have been the case had they chose to kill him. 76). In particular, he headed the Eichmann Special Operations Unit in Hungary and did his utmost to carry out the Final Solution (para. 165 T. Taylor, ‘Large Questions in the Eichmann Case’, New York Times Magazine, 22 January 1961. The United States Government then appealed to the Supreme Court. In addition, they asserted that Eichmann left voluntarily and was accompanied by private Israeli citizens who were merely doing their “civic duty” in bringing Nazis to justice. 61). If you need this or any other sample, we But for Israel, part of their mission was to redress the injustice brought upon them and they have been fully committed to bringing to justice those involved, no matter where they are hiding and no matter how long it would take them to do it. References Arendt, H. (1963). Eichmann challenged the Israeli court's jurisdiction, arguing that the court was not empowered to adjudicate the case against Eichmann because his illegal kidnapping by Israeli agents violated international law. Having examined the command structure in place at the SS and the scope of the Accused’s authority, the Court concluded that the latter acted in accordance with general directives from his superiors but he retained wide powers of discretion (para. Jerusalem, Israel. can send it to you via email. In United States v. Eichman, 496 U.S. 310 (1990), the U.S. Supreme Court struck down the Flag Protection Act of 1989 on First Amendment grounds, reaffirming its holding in Texas v. Johnson, which invalidated a Texas flag desecration statute. Section 19 of the Criminal Code Ordinance of 1936. Group Presentations and assignments will allow students to combine their creative and critical skills. The United States (plaintiff) prosecuted Eichman for violating the Act. He was transferred to Vienna in 1938 to administer the Central Office for the Emigration of Austrian Jews (para. Her ICD Brief relates to recent decisions in the Netherlands and Denmark awarding compensation for damage at the hands of the military during armed conflict, including the July 2019 ruling of the Dutch Supreme Court in the 'Mothers of Srebrenica' case. SAMPLE. But looking at it from a different persepctive, what may be legal does not absolutely mean it is morally right. Eichman and the others stated that the Act violated the First Amendment, and courts in Washington State and in the District of Columbia agreed. By 1940, he was promoted to the the rank of Lieutenant Colonel (Obersturmbannfuhrer) and was designated by SD head Reinhard Heydrich to serve as secretary in the Wannsee Conference. However, they made it clear that although Israel was censured, this did not mean that they condoned the actions of the Nazis against the Jews in order to defuse potential backlash from the global Jewish community for their apparent insensitivity. holocaustresearchproject. The Trial of Adolf Eichmann. Does the District Court of Jerusalem have jurisdiction to try the case in light of the fact that Eichmann is a foreign national and crimes were committed on foreign territory? 148). Working 24/7, 100% Purchase Please, specify your valid email address, Remember that this is just a sample essay and since it might not be original, we do not recommend to submit it. 507 (196o); Note, 46 CORNE.LL L.Q. The Court's Decision. x Case Study: The Cyprus Conflict x Linguistic Frontiers x The Refugee Crisis x Otherness Within Teaching Methodology Each of the class meetings will be comprised of a lecture and discussion of the week¶s topic, readings and films. Eichmann was apprehended by Israeli agents without the consent or knowledge of the Argentinian government. In conclusion, if one were to look at it from a strictly legal sense Israel has violated both national and international laws. The Eichmann case is an exanple of such a commitment but at the same time, shows one major obstacle in terms of international jurisdiction. The Supreme Court dismissed his appeal on 29 May 1962. He was captured by Israeli Security Forces in Argentina and handed over to the District Court of Jerusalem to stand trial for war crimes, crimes against humanity and crimes against the Jewish people. The Court’s jurisdiction is founded upon it by the Nazis and Nazi Collaborators (Punishment) Law 5710-1950. Argentina, along with several other South American countries, has been the ideal haven for former Nazis, not only because of a large concentration of German immigrants, because they do not extradite foreign criminals, even if they become naturalized citizens. However, the Israelis felt justified with their deed not only because they have an existing law for it, but they did it because they believed they have “moral superiority” to carry out the deed (Silving, 1961, p. 311). Will he delay long over them, do you suppose? 65). This is a case proposing from Attorney general of Israel to Adolf Eichmann. It was in the SD that Eichmann’s career began to rise. Justice came for him eventually and ensured that it redressed the grievances of his victims. 64). In the present instance, the joint decision of the Governments of Argentina and Israel of 3 August 1960 “cured” the international tort committed by Israel when it entered Argentinian territory to abduct the Accused (para. However, while requiring Israel to apologize, the reparation demand did not specifically state that Israel give Eichmann back nor require it to punish the individual operatives who “abducted” Eichmann (Silving, 1961, p. 312-314). 90), organised the transfer of money from evacuated Jews for the disposal of the SS (para. The proceedings were one of the first trials widely televised, and brought Nazi atrocities to a worldwide audience. Eichmann challenged the Israeli court’s jurisdiction, arguing that the court was not empowered to adjudicate the case against Eichmann … In May 1960, the Israeli intelligence service, Mossad, abducted Eichmann from his hiding place in Argentina and transferred him to Jerusalem to face an Israeli court. It may well be that Israel has many moral grounds for seeking justice against this ‘‘ enemy of the Jewish people.” This paper will Eichmann Trial: Photographs The Eichmann trial, held before a special tribunal of the Jerusalem District Court, began on April 11, 1961, and aroused international interest in the events of the Holocaust. 12). Eichmann was apprehended by Israeli agents without the consent or knowledge of the Argentinian government. New York: Penguin Books. During the conference, those present discussed the resources needed in carrying it out such as where to conduct the extermination and the means on how to do it, and how to do it in the quickest and most efficient way possible. (I tell you) he will give them swift justice. A woman gives evidence at trial of Nazi Adolf Eichmann. It is an established rule of law that a person standing trial for an offence against the laws of a State may not oppose his being tried by reason of the illegality of his arrest or the means by which he was brought to the jurisdiction of the court (para. They were deported from their homes in large freight trains in appalling conditions, others starved or froze to death, others still were taken away to concentration camps where the fit were forced to perform manual labour whilst the weak were shot to death or later, gassed to death in their thousands. He rose through the ranks and eventually occupied the position of Head of Section (Referant) for Jewish Affairs charged with all matters related to the implementation of the Final Solution to the Jewish Question. 244). Le jour où le Mossad kidnappe Adolf Eichmann en Argentine. His moral remains were cremated and ashes scattered over the Mediterranean as there was no place in Israel, or any country in the world, to bury him. 93), not only in the Reich but also in other countries (para. html. This act elicited a backlash where Argentinian sovereignty was violated and the United Nations (UN) censured Israel. Will not God then do justice to his chosen who call out him! Over them, do you suppose V. New Hampshire, 315 U.S. 568, 572, 62 S.Ct eventually. Despite Israel ’ s efforts to justify their actions, the Accused was appointed the Referant the. L. REV they possess moral ascendancy, rather than domestic, law ( para his actions by relying on orders... 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