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Eichmann Case

The Eichmann case involved the trial of Adolf Eichmann, a high-ranking Nazi official, for war crimes and crimes against humanity related to the Holocaust. Eichmann was captured in Argentina and brought to Israel to stand trial. The court found it had jurisdiction based on Israeli law allowing it to try Nazis and their collaborators. It also ruled that the universal nature of the crimes and their targeting of Jews gave Israel a valid interest to hold the trial, as the self-declared Jewish state, even though Eichmann was not an Israeli citizen and the crimes occurred outside Israel. Eichmann was ultimately convicted on all counts and sentenced to death.
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0% found this document useful (0 votes)
264 views1 page

Eichmann Case

The Eichmann case involved the trial of Adolf Eichmann, a high-ranking Nazi official, for war crimes and crimes against humanity related to the Holocaust. Eichmann was captured in Argentina and brought to Israel to stand trial. The court found it had jurisdiction based on Israeli law allowing it to try Nazis and their collaborators. It also ruled that the universal nature of the crimes and their targeting of Jews gave Israel a valid interest to hold the trial, as the self-declared Jewish state, even though Eichmann was not an Israeli citizen and the crimes occurred outside Israel. Eichmann was ultimately convicted on all counts and sentenced to death.
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Eichmann Case

Facts:
The crimes perpetrated by the Nazis during Hitlers reign against Jewish citizens were some of
the worst recorded in history !lthough accurate figures may ne"er be #nown$ it is estimated that
some % million Jewish indi"iduals died & men$ women$ and children from all o"er Europe They
were deported from their homes in large freight trains in appalling conditions$ others star"ed or
froze to death$ others still were ta#en away to concentration camps where the fit were forced to
perform manual labour whilst the wea# were shot to death or later$ gassed to death in their
thousands
The !ccused$ !dolf Eichmann$ was an !ustrian by birth who "olunteered to wor# for the
'ecurity 'er"ice (')* in +erlin He rose through the ran#s and e"entually occupied the position
of Head of 'ection (,eferant* for Jewish !ffairs charged with all matters related to the
implementation of the Final 'olution to the Jewish -uestion .n this capacity$ he o"ersaw the
transport and deportation of Jewish persons$ set up and personally ran an operations centre in
Hungary in order to implement the Final 'olution there$ organised the transfer of money from
e"acuated Jews to the 'tate and was responsible for the administration of the camps at Terezin
and +ergen/+elsen
He was captured by .sraeli 'ecurity Forces in !rgentina and handed o"er to the )istrict Court of
Jerusalem to stand trial for war crimes$ crimes against humanity and crimes against the Jewish
people He was con"icted of all 01 counts and sentenced to death He was unsuccessful in
contesting the 2urisdiction of the Court or defending his actions by relying on superior orders
.ssue:
)oes the )istrict Court of Jerusalem ha"e 2urisdiction to try the case in light of the fact
that Eichmann is a foreign national and crimes were committed on foreign territory3
Held:
The Courts 2urisdiction is founded upon it by the Nazis and Nazi Collaborators (4unishment*
5aw 1607/0817 This law does not "iolate the principles of international law (para 07* .sraels
9right to punish: is founded on two elements First$ the uni"ersal character of the crimes in
;uestion$ which are gra"e offences against the law of nations itself and$ in the absence of an
international court$ grant 2urisdiction to any domestic court (para 0<* 'econd$ the specific
character of the crimes$ which was the e=termination of the Jewish people$ pro"ides the
necessary lin#ing point between the !ccused and the newly/founded 'tate of .srael$ a 'tate
established and recognised as the 'tate of the Jews (para >?* The crimes committed by the
!ccused concern the "ital interests of the 'tate$ thus it has a right to punish the !ccused pursuant
to the protecti"e principle (para >1*

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