Paper Proposal

                                                                                                                                      
Linda Ostermann
Poli 480: International Organization
Professor: Mark Shirk
10/30/2013
          

Adolf Eichmann in Argentina; his removal by Israeli nationals and his trial

Did Israel violate Argentina’s territorial sovereignty by abducting Adolf Eichmann without the approval of Argentina’s government?

            Otto Adolf Eichmann was a SS leader in Nazi Germany and was responsible for mass deportations of Jews into ghettos and extermination camps. One of his major assignments was to manage the Auschwitz Concentration camp in Poland. After World War II, Eichmann fled to Argentina. He used a fraudulently laissez-passer to leave Europe and lived in Argentina under a false identity. On May 11, 1960 Adolf Eichmann was taken to Israel by Israeli nationals. In Israel, Eichmann was charged with “crimes against the Jewish people” and “crimes against humanity”. He was executed in June 1960. The removal of Eichmann by Israel led to many controversies around the world. Israel’s removal of Eichmann was performed without the knowledge or authority of Argentina. Argentina responded with submitting a complaint to the Security Council alleging that Israel has violated the Argentina’s territorial sovereignty rights. After some discussion, the Security Council adopted on June 28, 1960 a resolution condemning Israel’s action. As a result of this resolution Israel and Argentina agreed to settle their differences. On August 8, 1960, they published a joint statement to that effect. 

            Some scholars argue that the removal of Adolf Eichmann was justified under Israeli law. Eichmann left Europe and entered Argentina under a false identity. In addition, he was a world-wide sought criminal. Under Israeli law, the trial of Eichmann was a legal process. In august, 1950, the Knesset adopted the Nazis and Nazi Collaborators (Punishment) law. Section one of that law described that any person who has “done during the period of the Nazi regime, in an enemy country, an act constituting a crime against the Jewish people” or an “act constituting a crime against humanity” or “an act constituting a war crime” is liable to the death penalty. 

            In my paper I will examine to what extend the right of sovereignty of Argentina was violated by Israel. In addition, I will focus on finding counter arguments that state that Israel actions were justified, not only by Israeli law but also under international law. 

            Here are some of the resources I will use: 

            J. G. Merrills, “Morality and the International Legal Order,” The Modern Law Review 31:5 (1968), pp. 520-534.

            Hans W. Baade, “The Eichmann Trial: Some Legal Aspects,” Duke Law Journal 1961:3 (1961), pp. 400-420. 

            David Luban, “Hannah Arendt as a Theorist of International Criminal Law,” International Criminal Law Review 11:3 (2011), pp. 621-641. 

            Covey Oliver, “The Attorney-General of the Government of Israel v. Eichmann,” The American Journal of International Law 56:3 (1962), pp. 805-845.  

            G.I.A.D. Draper, “The Eichmann Trial: A Judicial Precedent,” International Affairs 38:4 (1962), pp. 485-493