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The Eichmann Trial and the United Nations
By Alan D. Miller
Posted on December 16, 2003 at 12:00 AM

There is an interesting opinion column in the Jerusalem Post, discussing the international condemnation Israel received after the capture of Adolf Eichmann in 1960. While I was aware that the capture led to a diplomatic incident, I did not know that U.N. Security Council Resolution 138 (1960) requested that the Government of Israel make reparations for transferring Eichmann without Argentina's consent. The United States, Britain, France, China, Ecuador, Ceylon, Italy, and Tunisia voted for the resolution. The Soviet Union and Poland abstained. Argentina did not take part in the voting. Israel made the reparations in the form of a formal apology, as envisioned by the American Ambassador to the United Nations, Henry Cabot Lodge.


Israel's actions were probably against international law, specifically, against Article 2(4) of the UN Charter. States may not go into countries and kidnap criminals that they wish to put on trial, even if the trial be a fair one. That is what extradition treaties are for. (For a contrary view, see United States v. Alvarez-Machain, 504 U.S. 655 (1992).) But given the enormity of Eichmann's crimes, I found it amazing that Argentina raised this to the level of a diplomatic incident. They would have been better off if they had kept quiet. Instead, they essentially told the entire world that they had sheltered Eichmann.

Potential violations of international law aside, it seem fairly clear that Israel's actions have made the world a better place. Potential mass murderers will be deterred by the realization that even a friendly government may not be able to protect them from justice. Eichmann should not have been allowed to go free. Ben-Gurion recognized this and acted appropriately.






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