Tuesday, October 24, 2006

Adolf Eichmann

Today in International Law class we were discussing the legal implications of international abductions and the maxim "mala captus bene detentus", which literally translates into "bad capture, good detention", referring to the idea that once a State has a person in custody (regardless of how it got the person), it can take jurisdiction over that person.

My prof talked about the remarkable case of Adolf Eichmann, which is a fascinating story with a remarkable twist. Eichmann was a high ranking Nazi who was put in charge of the transportation aspect of the Final Solution during the Holocaust. Following World War II, Eichmann fled to Argentina, as did many other Nazis.

He lived with his family in Argentina, working several odd jobs, all the while trying to keep a low profile so his true identity would not be discovered. Eventually, Eichmann's whereabouts were discovered, and in the greatest twist of irony (some would call it poetic justice), Eichmann was positively identified by a girl of Jewish descent, Sylvia Hermann, who was dating Eichmann's son, Klaus. Sylvia's father, Lothar, had known Eichmann from the Dachau concentration camp, where Eichmann had been an administrator. Eventually, word got back to the Mossad regarding Eichmann's identity and whereabouts.

In 1960 Eichmann was kidnapped during a covert operation by Mossad agents and eventually flown to Jerusalem, where he faced 15 charges, including crimes against humanity. After a lengthy trial, the Israeli Supreme Court rejected Eichmann's arguments regarding lack of jurisdiction and state immunity, and he was convicted on all counts and sentenced to death. He was hanged on June 1, 1962, and remains the only civil execution ever carried out in Israel.

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