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1) The Appellant was a high-ranking Nazi official who helped orchestrate the deportation of over 150,000 Austrian Jews and played a key role in implementing the Final Solution across Europe between 1938-1945.
2) Two issues are considered: whether Israel's 1950 law allowing prosecution for crimes against the Jewish people is retroactive or violates territorial sovereignty.
3) The court rejects both claims, finding no prohibition on retroactive criminal laws for atrocious acts, and that these were international crimes entailing individual responsibility under international law at the time. The acts of state doctrine does not apply to crimes prohibited by international law like genocide.
Deskripsi Asli:
Please see file.
Judul Asli
(010) Eichmann vs. Attorney-General of Israel, SC of Israel
1) The Appellant was a high-ranking Nazi official who helped orchestrate the deportation of over 150,000 Austrian Jews and played a key role in implementing the Final Solution across Europe between 1938-1945.
2) Two issues are considered: whether Israel's 1950 law allowing prosecution for crimes against the Jewish people is retroactive or violates territorial sovereignty.
3) The court rejects both claims, finding no prohibition on retroactive criminal laws for atrocious acts, and that these were international crimes entailing individual responsibility under international law at the time. The acts of state doctrine does not apply to crimes prohibited by international law like genocide.
1) The Appellant was a high-ranking Nazi official who helped orchestrate the deportation of over 150,000 Austrian Jews and played a key role in implementing the Final Solution across Europe between 1938-1945.
2) Two issues are considered: whether Israel's 1950 law allowing prosecution for crimes against the Jewish people is retroactive or violates territorial sovereignty.
3) The court rejects both claims, finding no prohibition on retroactive criminal laws for atrocious acts, and that these were international crimes entailing individual responsibility under international law at the time. The acts of state doctrine does not apply to crimes prohibited by international law like genocide.
Facts: Prior to the outbreak of World War II, the Appellant was a member of the Austrian SS and later volunteered for a position with the Head Office of the Security Service (SD) in Berlin. 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 He was transferred to Vienna in 1938 to administer the Central Office for the Emigration of Austrian Jews. His success was such that approximately 150,000 Austrian Jews were forced to emigrate and he was appointed head of the new Reich Central Office for Jewish Emigration in October 1939. 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 and explored the possibility of setting up a slave Jewish state in Madagascar. In early 1942, the Accused was appointed the Referant of the RSHA in matters connected to the Final Solution. In implementing the Final Solution, the Accused received information as to the number of persons to be expelled, organized the transfer of money from evacuated Jews for the disposal of the SS, and oversaw the handling of the transport of Jews, not only in the Reich but also in other countries. In particular, he headed the Eichmann Special Operations Unit in Hungary and did his utmost to carry out the Final Solution. These "Transport Jews" were taken to concentration camps and those who were unfit for hard labour were exterminated immediately. In autumn 1942, a cover up effort was begun as bodies in mass graves were burned in an effort to hide the slaughter. The concentration camps were evacuated the Accused in particular was responsible for all administrative matters connected with the Terezin Ghetto and the camp at Bergen-Belsen. Issues:
Is the Law of 1950 contrary to the principle of non-retroactivity of criminal law
or to the principle of territorial sovereignty?
Does the Law of 1950 conflict with the principle of territorial sovereignty?
Can the Appellant rely on the Act of State doctrine to excuse his criminal responsibility?
Ruling:
There is no rule of general customary international law, which prohibits the
enactment of retroactive penal legislation. Further, the argument that to punish an individual for conduct which was not yet criminal at the time of its commission would be unethical loses its force in face of the odious crimes committed by the Appellant. The Appellants contention that the Law of 1950 is therefore contrary to the principle of non-retroactivity and cannot therefore apply to the Appellant is rejected. Furthermore, there is no rule of general customary international law that the principle of territorial sovereignty prohibits the enactment of a criminal law applicable to extra-territorial crimes committed by a foreign national. The Appellants second ground of appeal must also be rejected. These findings are reinforced by positive international law: the crimes for which the Appellant was convicted were international crimes under international law entailing individual criminal responsibility at the time that they were committed and their universal character is such that each State is vested with the power to try and punish anyone who assisted in their commission. Finally, the Appellant contends that his crimes were Acts of the State, the responsibility for which rests with the State alone and another State has no right to punish the person who committed the act, save with the consent of the state whose mission he carried out. This ground of appeal was rejected by the Supreme Court as there is no basis for applying the doctrine to acts prohibited by international law, particularly in cases of such heinous international crimes. This was affirmed by the International Military Tribunal at Nuremberg.