12). A woman gives evidence at trial of Nazi Adolf Eichmann. PODCAST. 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. AKAYESU, Jean Paul (ICTR-96-4) AKAYESU, Jean Paul. 1950 Nazis and Nazi Collaborators (Punishment) Law, The Eichmann Trial: Fifty Years After, A Behind the Scenes View of the Arrest and Trial of Adolf Eichmann, Universal Jurisdiction and the Eichmann and Pinochet Trials, Crimes against humanity, Genocide, War crimes, crimes against humanity, deportation, extermination, genocide, persecution, pillage, war crimes, Attorney General of the Government of Israel. The United States Government then appealed to the Supreme Court. The proceedings were one of the first trials widely televised, and brought Nazi atrocities to a worldwide audience. Academic Content. 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. 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] 165 T. Taylor, ‘Large Questions in the Eichmann Case’, New York Times Magazine, 22 January 1961. But looking at it from a different persepctive, what may be legal does not absolutely mean it is morally right. 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. This is a case proposing from Attorney general of Israel to Adolf Eichmann. 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. 88). we might edit this sample to provide you with a plagiarism-free paper, Service 180). © Copyright 2013 International Crimes Database project - All Rights Reserved, Feedback, cooperation and use of materials, The Eichmann Trial or the Incorrigible Victors. Adolf Eichmann: Engineer of Death. J. INT'L L. 307 (196i). Adolf Eichmann was responsible for the implementation of Adolf Hitler’s Final Solution, involving the deportation, robbery and murder of approximately six million Jews, as well as of other minority groups, including Roma and homosexuals. SAMPLE. 64). 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. 76). However, the Israelis felt … In early 1942, the Accused was appointed the Referant of the RSHA in matters connected to the Final Solution (para. 153). 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. In implementing the Final Solution, the Accused received information as to the number of persons to be expelled (para. 61). MS Eichmann seated in dock. 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." 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. 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. 262-263). In conclusion, if one were to look at it from a strictly legal sense Israel has violated both national and international laws. In each case, the respective ... Brief for United States 28; see Johnson, 491 U.S., at 405-406, 109 S.Ct., at 2540, but invites us to reconsider our rejection in Johnson of the claim that flag burning as a mode of expression, like obscenity or "fighting words," does not enjoy the full protection of the First Amendment. Is obeying superior orders a defence excluding criminal responsibility? 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. 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. However, It may well be that Israel has many moral grounds for seeking justice against this ‘‘ enemy of the Jewish people.” This paper will Group Presentations and assignments will allow students to combine their creative and critical skills. Jerusalem, Israel. Adolf Eichmann was a thin little man with bow legs and a hook nose. website. For legal discussion, see Green, The Eichmann Case, 23 MODERN L. REV. Sections 1(a)(1),(2),(3), 1(b) and 8 of the the Nazis and Nazi Collaborators (Punishment) Law. 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 In a 5-4 decision, the Supreme … Israel proceeded with the trial and eventually found Eichmann guilty in all chargest against him desptie the fact he invoked the “Nuremberg Defense” where he insisted to the very end he only followed orders of his superiors, namely Hitler. This was the reason why Israeli took it upon themselves to apprehend Eichmann in a covert operation. 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. In this capacity, he oversaw the transport and deportation of Jewish persons, … Details Eichmann’s role in the “Final Solution” to the Jewish question, beginning with his work in the central office of the SD to his direct role in the deportation and extermination of Hungarian Jews. Working 24/7, 100% Purchase 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. The United States (plaintiff) prosecuted Eichman for violating the Act. Eichmann was apprehended by Israeli agents without the consent or knowledge of the Argentinian government. 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. Eichmann is discussed: law of war: War crimes: …taken in the case of Attorney General of the Government of Israel v. Eichmann, which was decided by the District Court of Jerusalem in 1961. Eichmann was a German Nazi and a SS-Obersturmbannführer equivalent to Lieutenant Colonel. Cf. Adolf Eichmann (defendant) was a German Nazi officer involved in the internment and extermination of Jewish people during World War II. 98). Le jour où le Mossad kidnappe Adolf Eichmann en Argentine. If you need this or any other sample, we Security, Unique 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. 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. 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. 91), and oversaw the handling of the transport of Jews (para. 90), organised the transfer of money from evacuated Jews for the disposal of the SS (para. 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. 1 June 2001 - Judgment . 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. 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. 50). Eichman and the others stated that the Act violated the First Amendment, and courts in Washington State and in the District of Columbia agreed. Adolf Eichmann, né à Solingen le 19 mars 1906 et exécuté dans la prison de Ramla, près de Tel Aviv-Jaffa, le 31 mai 1962, est un criminel de guerre nazi, haut fonctionnaire du Troisième Reich, officier SS Obersturmbannführer et membre du parti nazi. 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. 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. Filings for this case in the Judicial Records and Archives Database. This jurisdiction is not negated by the manner in which the Accused was brought before the Court. New York: Penguin Books. This law does not violate the principles of international law (para. 34). 47). 47 Bergen St--Floor 3, Brooklyn, NY 11201, USA, Sorry, but copying text is forbidden on this Hi there, would you like to get such a paper? It was in the SD that Eichmann’s career began to rise. Furthermore, the Genocide Convention was invoked, refusing to recognize “universal jurisdiction” and that the accused should be tried in the state where he was said to have commited the criminal acts; in this case, it was Germany (Silving, 1961, p. 312; Arendt, 1963, p. 262; Lisciotto, 2007). 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. 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. 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. 326 (196I); Silving, In Re Eichmann: A Dilemma of Law and Morality, 55 AM. 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. As secretary, Eichmann was tasked to record the proceedings and was therefore privy to this master plan. References Arendt, H. (1963). Justice came for him eventually and ensured that it redressed the grievances of his victims. 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. 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). 71-75) and explored the possibility of setting up a slave Jewish state in Madagascar (para. 65). 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. 149) – the Accused in particular was responsible for all administrative matters connected with the Terezin Ghetto (para. New York: Rosen Publishing Group, Inc. Silving, H. (1961). Facts of the case. Home » The Cases. This act elicited a backlash where Argentinian sovereignty was violated and the United Nations (UN) censured Israel. The law did, however, allow proper disposal of a worn or soiled flag. Eichman (defendant) burned a U.S. flag on the steps of the U.S. Capitol as part of a protest of aspects of the government's domestic and foreign policy. ” 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. 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). BAGARAGAZA, Michel. The Trial of Adolf Eichmann. 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. The Accused, Adolf Eichmann, was an Austrian by birth who volunteered to work for the Security Service (SD) in Berlin. 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). Also briefly describes Eichmann’s trial in Jerusalem. “Will not God then do justice to his chosen who call out to him day and night? This rule applies equally in cases where the accused is relying on violations of international, rather than domestic, law (para. Sachs, R. (2001). 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. See also the brief discussion in Prosecutor v. ... ‘ The Eichmann Case in International Law ’, (1962) Criminal Law Review 671, at 681–67. 10). “In Re Eichmann: A Dilemma of Law and Morality. In this capacity, he oversaw the transport and deportation of Jewish persons, set up and personally ran an operations centre in Hungary in order to implement the Final Solution there, organised the transfer of money from evacuated Jews to the State and was responsible for the administration of the camps at Terezin and Bergen-Belsen. Eichmann was sentenced to death by hanging. 148). Eichmann appealed the decision of the District Court. There was also a political angle to the case. The Eichmann case reminded the world of its duty to act. The concentration camps were evacuated (para. 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. Several prosecutions resulted from the Act. 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. In the affirmative, is jurisdiction negated by the abduction of the Accused from a foreign country? Eichmann was found guilty for his involvement in the Holocaust and sentenced to death by hanging two years later. See also Rousseau, Crontique des Faits Internationaux, 64 REVUE GgNtRALE DE DROIT INTERNATIONAL PUBLIC 771, 772-786 (i96i). Judgment 1. 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. 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. The Court’s jurisdiction is founded upon it by the Nazis and Nazi Collaborators (Punishment) Law 5710-1950. Bagosora et al. Attorney General V. Adolf Eichmann-Case Brief. 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. 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. 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 … In particular, he headed the Eichmann Special Operations Unit in Hungary and did his utmost to carry out the Final Solution (para. 244). Section 19 of the Criminal Code Ordinance of 1936. Israel’s “right to punish” is founded on two elements. Zentner, Christian, and Friedemann Bedürftig, editors. 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. 152) and the camp at Bergen-Belsen (para. Bibliography Bibliography Arendt Hannah. United States v. Eichman, 496 U.S. 310 (1990), is a United States Supreme Court case that invalidated a federal law against flag desecration as violating of free speech under the First Amendment. 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. 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). (I tell you) he will give them swift justice. On Universal Jurisdiction – Birth, Life and a Near-Death Experience? The Eichmann case is an exanple of such a commitment but at the same time, shows one major obstacle in terms of international jurisdiction. (Source picture: Israel Government Press Office/Wikipedia). Following the end of the Second World War, several leading Nazi leaders were tried, convicted and sentenced at Nuremberg; but there have been several of them that managed to escape and had gone into hiding either seeking asylum or living in complete anonymity in various parts of the world. Eichmann was a war criminal and it was only proper that he be brought to justice by those whom he had wronged. 17 June 1997 - Amended Indictment. The Court's Decision. Despite Israel’s efforts to justify their actions, the UN Security Council censured Israel. 307-358. 35). 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. These "Transport Jews" were taken to concentration camps and those who were unfit for hard labour were exterminated immediately (para. Chaplinsky v. New Hampshire, 315 U.S. 568, 572, 62 S.Ct. Eichmann in Jerusalem: A Report on the Banality of Evil. 166 Arendt, supra note 2, at 247. Furthermore, Israel invoked universal jurisdiction and passive-personality. The Cases . First, the universal character of the crimes in question, which are grave offences against the law of nations itself and, in the absence of an international court, grant jurisdiction to any domestic court (para. It required Israel to extend an apology to the Argentine government and make reparations. 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. It can be further inferred here that there were political undertones behind these circumstances. 164 Brownlie, I., ‘ Eichmann: A Further Comment ’, (1962) Criminal Law Review 817, at 817. 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. 41). Lisciotto, C. (2007). Given these circumstances, Eichmann’s arrest was illegal and this could have made his trial null and void. 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 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. 111). 3 He was seized by Israeli secret AKAYESU, Jean Paul. Adolf Eichmann, head of the Jewish office of the Gestapo during World War II, was convicted of war crimes, crimes against the Jewish people, and… holocaustresearchproject. The Accused, Adolf Eichmann, was an Austrian by birth who volunteered to work for the Security Service (SD) in Berlin. 145). However, they made sure that they possess moral ascendancy, rather than the desire for revenge in carrying out these acts. The Accused was convicted on all fifteen counts and sentenced to death (para. This act elicited a backlash where Argentinian sovereignty was violated and the United Nations (UN) censured Israel. 11 mai 1960. He was captured by Allied forces but managed to escape and find refuge in Argentina where he stayed until his capture in 1960. He was unsuccessful in contesting the jurisdiction of the Court or defending his actions by relying on superior orders. Brief for United States 28, 29. 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. ” (Luke 18:7-8 New American Bible). 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. 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? org/trials/eichmanntrial. BAGILISHEMA, Ignace. The Act contained an exception for disposing of a flag once it had become worn or soiled. The Supreme Court dismissed his appeal on 29 May 1962. In autumn 1942, a cover up effort was begun as bodies in mass graves were burned in an effort to hide the slaughter (para. Case Summary. The allegations concerned the murder of Spanish citizens in Chile, which offences were within the jurisdiction of Spain. html. 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. The Eichmann case was not the only time Israel committed such an act. Such a violation of international law constitutes an international tort, which may be “cured” by waiver. 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). 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. Eichmann still had to answer for his actions and the passage of time did not guarantee he was absolved. He was convicted of all 15 counts and sentenced to death. 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. 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. Persons, … Attorney General eichmann case brief Adolf Eichmann-Case Brief Attorney General V. Adolf Eichmann-Case Brief ( Source picture: government... Record the proceedings and was therefore privy to this master plan Near-Death Experience a angle!, supra note 2, at 247, which may be legal does not absolutely mean it is morally.. 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