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The document summarizes the Eichmann case in Israel. Adolf Eichmann was a high-ranking Nazi officer involved in persecuting Jews during World War II. He escaped to Argentina after the war but was kidnapped by Israeli agents in 1960. While Argentina protested the violation of its sovereignty, it did not demand Eichmann's return. Eichmann was then tried in Israel under its law against Nazi collaborators. The court held that Israel had jurisdiction to try Eichmann for his crimes against humanity committed outside Israel, as universal jurisdiction allows any state to prosecute genocide and other serious crimes under customary international law.
The document summarizes the Eichmann case in Israel. Adolf Eichmann was a high-ranking Nazi officer involved in persecuting Jews during World War II. He escaped to Argentina after the war but was kidnapped by Israeli agents in 1960. While Argentina protested the violation of its sovereignty, it did not demand Eichmann's return. Eichmann was then tried in Israel under its law against Nazi collaborators. The court held that Israel had jurisdiction to try Eichmann for his crimes against humanity committed outside Israel, as universal jurisdiction allows any state to prosecute genocide and other serious crimes under customary international law.
The document summarizes the Eichmann case in Israel. Adolf Eichmann was a high-ranking Nazi officer involved in persecuting Jews during World War II. He escaped to Argentina after the war but was kidnapped by Israeli agents in 1960. While Argentina protested the violation of its sovereignty, it did not demand Eichmann's return. Eichmann was then tried in Israel under its law against Nazi collaborators. The court held that Israel had jurisdiction to try Eichmann for his crimes against humanity committed outside Israel, as universal jurisdiction allows any state to prosecute genocide and other serious crimes under customary international law.
36 Intl. L. Rep. 5 (Israel, Dist. Ct. Jerusalem 1961)
FACTS: Adolf Eichmann was a high ranking officer who played vital role in the planning and implementation of the persecution of Jews in Germany, Poland, Hungary and several other countries before and during World War II. At the end of the war, he escaped to Argentina where he lived and work under an alias until May, 1960 when he was kidnapped by Israeli agents. Argentina complained to the UN Security Council about this clear violation of Argentine sovereignty. The Security Council, while making it clear that it did not condone Eichmanns crimes, declared that: Acts such as that under consideration i.e. the kidnapping of Eichmann, which affect sovereignty of a member state and therefore cause international friction, may, if repeated, endanger international peace and security. The Security Council requested the Government of Israel to make appropriate reparation in accordance with the Charter of the United Nations and the rules of international law. Argentina did not demand the return of Eichmann, and in August 1960, the Argentine and Israeli governments resolved in a joint communiqu to regard as closed the incident which arose out of the actions taken by Citizens of Israel, which infringed the fundamental rights of the State of Argentina. Eichmann was then tried in Israel under Israels Nazi Collaborators Law. He was found guilty and the conviction was subsequently upheld by the Supreme Court of Israel. On May 31, 1962, Eichmann went to the gallows, the only person ever formally executed by the State of Israel. ISSUE: Whether or not the State of Israel has jurisdiction to punish crimes committed beyond its borders. HELD: On the question of the jurisdiction of a state to punish persons who are not its nationals for acts committed beyond its borders, there is as yet no intentional accord. It follows that in the absence of general agreement as to the existence of such a rule of international law, there is, again, no escape from the conclusion that it cannot be deemed to be embodied in Israel municipal law, and therefore on that ground, too, contention fails. The rules of the law of nations are not derived solely from international treaties and crystallized international usage. In the absence of a supreme legislative authority and international codes the process of its evolution resembles that of the common law; its rules are established from case to case, by analogy with the rules embodied on treaties and international custom, on the basis of general principles of law recognized by civilized nations, and in the light of the vital international needs that impel an immediate solution. It is argued by the counsel that Article 6 of the Genocide Convention provides that a person accused of this crime shall be tried by a court of competent jurisdiction of the state in which it was committed. Article 6 imposes upon the parties contractual obligation with future effect, obligations which bind them to prosecute crimes of genocide which will be committed within their territories in the future. The obligation, however, has nothing to do with the universal power vested in every state to prosecute for crimes of this type committed in the past, a power which is based on customary international law. The State of Israel was entitled, pursuant to the principle of universal jurisdiction and acting in the capacity of guardian of international law and agent for its enforcement, to try the appellant.