93), not only in the Reich but also in other countries (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). 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. This law does not violate the principles of international law (para. 165 T. Taylor, ‘Large Questions in the Eichmann Case’, New York Times Magazine, 22 January 1961. 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. 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. ” 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. 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). He was captured by Allied forces but managed to escape and find refuge in Argentina where he stayed until his capture in 1960. Sachs, R. (2001). 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. Chaplinsky v. New Hampshire, 315 U.S. 568, 572, 62 S.Ct. See also Rousseau, Crontique des Faits Internationaux, 64 REVUE GgNtRALE DE DROIT INTERNATIONAL PUBLIC 771, 772-786 (i96i). 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. The proceedings were one of the first trials widely televised, and brought Nazi atrocities to a worldwide audience. 507 (196o); Note, 46 CORNE.LL L.Q. 2 September 1998 - Judgement . 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. 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. 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). 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. However, the Israelis felt … 65). 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. 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). THE EICIJMANN CASE THE Israeli announcement that Karl Adolph Eichmann was to stand trial in Israel for his part in the liquidation of the Jews during the Second World War raises ethical, political and legal problems. AKAYESU, Jean Paul (ICTR-96-4) AKAYESU, Jean Paul. Section 19 of the Criminal Code Ordinance of 1936. 145). In conclusion, if one were to look at it from a strictly legal sense Israel has violated both national and international laws. Retrieved 15 May 2010 http://www. 111). 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. Jerusalem, Israel. The Supreme Court dismissed his appeal on 29 May 1962. The Accused, Adolf Eichmann, was an Austrian by birth who volunteered to work for the Security Service (SD) in Berlin. Security, Unique In this capacity, he oversaw the transport and deportation of Jewish persons, … Eichmann was apprehended by Israeli agents without the consent or knowledge of the Argentinian government. 47 Bergen St--Floor 3, Brooklyn, NY 11201, USA, Sorry, but copying text is forbidden on this This act elicited a backlash where Argentinian sovereignty was violated and the United Nations (UN) censured Israel. 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. See also the brief discussion in Prosecutor v. ... ‘ The Eichmann Case in International Law ’, (1962) Criminal Law Review 671, at 681–67. 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. 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. 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 … can send it to you via email. 152) and the camp at Bergen-Belsen (para. New York: Penguin Books. 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. It required Israel to extend an apology to the Argentine government and make reparations. Eichmann was a war criminal and it was only proper that he be brought to justice by those whom he had wronged. 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… 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. 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. Adolf Eichmann was a thin little man with bow legs and a hook nose. Academic Content. 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? 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. The Eichmann case was not the only time Israel committed such an act. 148). The law did, however, allow proper disposal of a worn or soiled flag. 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. 76). 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. 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. 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. 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. 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 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. In particular, he headed the Eichmann Special Operations Unit in Hungary and did his utmost to carry out the Final Solution (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. Hi there, would you like to get such a paper? The Cases . However, they made sure that they possess moral ascendancy, rather than the desire for revenge in carrying out these acts. Several prosecutions resulted from the Act. Case Summary. 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. The Court's Decision. 91), and oversaw the handling of the transport of Jews (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. 90), organised the transfer of money from evacuated Jews for the disposal of the SS (para. Eichman and the others stated that the Act violated the First Amendment, and courts in Washington State and in the District of Columbia agreed. website. Group Presentations and assignments will allow students to combine their creative and critical skills. 12). 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). Facts of the case. The Eichmann case is an exanple of such a commitment but at the same time, shows one major obstacle in terms of international jurisdiction. In autumn 1942, a cover up effort was begun as bodies in mass graves were burned in an effort to hide the slaughter (para. J. INT'L L. 307 (196i). Adolf Eichmann (defendant) was a German Nazi officer involved in the internment and extermination of Jewish people during World War II. Eichmann was apprehended by Israeli agents without the consent or knowledge of the Argentinian government. Adolf Eichmann (defendant) was a German Nazi officer involved in the internment and extermination of Jewish people during World War II. 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. 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. Adolf Eichmann was brought to trial in The District Court of Jerusalem in 1961 under the Nazi and Nazis collaborators Law 5710-1951 (Israeli Law) on charges of unsurpassed gravity, charges of 15 crimes along with charges of crimes … On Universal Jurisdiction – Birth, Life and a Near-Death Experience? The Accused, Adolf Eichmann, was an Austrian by birth who volunteered to work for the Security Service (SD) in Berlin. The Accused was convicted on all fifteen counts and sentenced to death (para. 326 (196I); Silving, In Re Eichmann: A Dilemma of Law and Morality, 55 AM. 153). Furthermore, Israel invoked universal jurisdiction and passive-personality. 41). If you need this or any other sample, we Cf. we might edit this sample to provide you with a plagiarism-free paper, Service In early 1942, the Accused was appointed the Referant of the RSHA in matters connected to the Final Solution (para. The concentration camps were evacuated (para. Sections 1(a)(1),(2),(3), 1(b) and 8 of the the Nazis and Nazi Collaborators (Punishment) Law. SAMPLE. (I tell you) he will give them swift justice. It can be further inferred here that there were political undertones behind these circumstances. “Will not God then do justice to his chosen who call out to him day and night? In a 5-4 decision, the Supreme … 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. 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. 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. 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. 64). Will he delay long over them, do you suppose? Eichmann challenged the Israeli court’s jurisdiction, arguing that the court was not empowered to adjudicate the case against Eichmann … BAGARAGAZA, Michel. org/trials/eichmanntrial. 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. This was the reason why Israeli took it upon themselves to apprehend Eichmann in a covert operation. The United States Government then appealed to the Supreme Court. The Trial of Adolf Eichmann. 180). Is obeying superior orders a defence excluding criminal responsibility? 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] Justice came for him eventually and ensured that it redressed the grievances of his victims. holocaustresearchproject. 35). 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). 149) – the Accused in particular was responsible for all administrative matters connected with the Terezin Ghetto (para. 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. 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. Eichmann still had to answer for his actions and the passage of time did not guarantee he was absolved. There was also a political angle to the case. The United States (plaintiff) prosecuted Eichman for violating the Act. Despite Israel’s efforts to justify their actions, the UN Security Council censured Israel. 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). Bibliography Bibliography Arendt Hannah. The Act contained an exception for disposing of a flag once it had become worn or soiled. Attorney General V. Adolf Eichmann-Case Brief. 17 June 1997 - Amended Indictment. 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. Sentence of life imprisonment affirmed on appeal on 1 June 2001. Eichmann appealed the decision of the District Court. The Eichmann case reminded the world of its duty to act. The allegations concerned the murder of Spanish citizens in Chile, which offences were within the jurisdiction of Spain. 71-75) and explored the possibility of setting up a slave Jewish state in Madagascar (para. Lisciotto, C. (2007). 244). 61). 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. This act elicited a backlash where Argentinian sovereignty was violated and the United Nations (UN) censured Israel. 164 Brownlie, I., ‘ Eichmann: A Further Comment ’, (1962) Criminal Law Review 817, at 817. Brief for United States 28, 29. It was in the SD that Eichmann’s career began to rise. But looking at it from a different persepctive, what may be legal does not absolutely mean it is morally right. 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. He was transferred to Vienna in 1938 to administer the Central Office for the Emigration of Austrian Jews (para. 307-358. He was convicted of all 15 counts and sentenced to death. (Source picture: Israel Government Press Office/Wikipedia). 218). html. 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. New York: Rosen Publishing Group, Inc. Silving, H. (1961). 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. Zentner, Christian, and Friedemann Bedürftig, editors. 59). 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