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. 153). Academic Content. 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. There was also a political angle to the case. 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. In this capacity, he oversaw the transport and deportation of Jewish persons, … 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. 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. 41). 164 Brownlie, I., ‘ Eichmann: A Further Comment ’, (1962) Criminal Law Review 817, at 817. 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. New York: Penguin Books. Chaplinsky v. New Hampshire, 315 U.S. 568, 572, 62 S.Ct. 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). 507 (196o); Note, 46 CORNE.LL L.Q. 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 … It can be further inferred here that there were political undertones behind these circumstances. 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. Eichmann was found guilty for his involvement in the Holocaust and sentenced to death by hanging two years later. The Act contained an exception for disposing of a flag once it had become worn or soiled. ” 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. However, 149) – the Accused in particular was responsible for all administrative matters connected with the Terezin Ghetto (para. website. Lisciotto, C. (2007). 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. 10). 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. In early 1942, the Accused was appointed the Referant of the RSHA in matters connected to the Final Solution (para. 1 June 2001 - Judgment . 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. 2 September 1998 - Judgement . 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. On Universal Jurisdiction – Birth, Life and a Near-Death Experience? 262-263). He was transferred to Vienna in 1938 to administer the Central Office for the Emigration of Austrian Jews (para. Justice came for him eventually and ensured that it redressed the grievances of his victims. 91), and oversaw the handling of the transport of Jews (para. Bagosora et al. 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