Extradition Of Nazi War Criminals Essay Research (стр. 2 из 2)

decision to detain and try Eichmann made them an accessory. This point

is Argentina’s strongest argument because it is known that the

jurisdiction of the court reaches only as far as the borders of the

state of which it is in. If the court had no jurisdiction in the

nation of the original seizure, then by what right does that court

have to detain and try the accused? The only problem with Argentina’s

final argument on the Eichmann abduction is that proof of forcible

seizure or arrest must be presented. Since the abductors were acting

of their own free will it is doubtful that they arrested Eichmann in

the name of Israel. It is, however, quite possible that the abductors

used some force in the removal of Eichmann, but again, use of force

must be proved to give validity to Argentina’s final argument.

Argentina filed a complaint with the United Nations Security Council

under Article 33 claiming that Israel violated international law,

which created an atmosphere of insecurity and distrust jeopardizing

the preservation of international peace. (Silving 312) After the

presentation of arguments and debates before the Security Council the

follow declarations were made:

violation of the sovereignty of a Member State is incompatible

with the Charter of the United Nations; repetition of acts such as

that giving rise to this situation would involve a breach of the

principles upon which international order is founded creating an

atmosphere of insecurity and distrust incompatible with the

preservation of peace. The “adjudicative” part of the resolution. 1.

Declares that acts such as that under considerations, which affect the

sovereignty of a Member State and therefore cause international

friction, may, if repeated, endanger international peace and security;

2. Requests the Government of Israel to make appropriate reparation in

accordance with the Charter of the United Nations and rules of

international law.12 The important part of the resolutions that the

United Nations reached is the phrase “if repeated.” It is almost as if

the United Nations said, “this time we will let the infringement go,

but next we will take action.”

Considering the unique character of the crimes attributed to

Eichmann, and since such crimes are, for the most part, universally

condemned, Israel’s breach of international law seems to have been

tolerated. It is quite possible that had the person who was removed

been someone other than Eichmann the result of the United Nations

Security Council would have been much different.

The two cases of extradition expose the complexities of

international law. In the case of Demjanjuk, Israel went about the

extradition process in the correct manner, which resulted in the

issues of identification and probable cause, requirement of

criminality, extraterritoriality, and extratemporality. When Israel

went about obtaining Adolf Eichmann the issues dealt with were ones

resulting from the method of Eichmann’s apprehension. Eichmann’s

removal from Argentina brought to light the issue of violation of a

country’s sovereignty. In both cases because the accused were being

charged with Nazi war crimes, specifically genocide, there cases seem

to get a little leeway and are not dealt with as extremely as other

cases might be. Nevertheless, their cases demonstrate how one goes

about bringing to justice those charged with violating the laws of

war.

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FOOTNOTES

1 Roberts, Adam, and Richard Guelff, ed. Documents of the Laws of

War. (Oxford: Clarendon Press, 1982.) 155.

2 Lubert, Steven, and Jan Stern Reed. “Extradition of Nazis from

the United States to Israel: A Survey of Issues in