## Facts

- Adolf Eichmann, an Austrian-born SS officer, headed the Reich Main Security Office section responsible for Jewish affairs and played a central role in implementing the “Final Solution.”
- Israeli agents seized Eichmann in Argentina in May 1960 and brought him to Israel.
- Eichmann was prosecuted in the District Court of Jerusalem under the Nazis and Nazi Collaborators (Punishment) Law, 5710–1950.
- The indictment charged 15 counts, including crimes against the Jewish people, crimes against humanity, war crimes, and membership in organizations declared criminal at Nuremberg.
- Eichmann argued that Israel lacked jurisdiction because the alleged acts occurred outside Israel, before Israel’s creation, and while he acted on behalf of a foreign state.
- He also argued that his abduction from Argentina violated international law and deprived the court of jurisdiction.
- On the merits, Eichmann claimed he was a subordinate carrying out state policy and superior orders.
- The District Court rejected the preliminary objections, convicted Eichmann on all counts, and imposed a death sentence.
- The Supreme Court of Israel affirmed the conviction and sentence on appeal.

## Issues

1. Whether Israel could exercise jurisdiction over alleged genocide, crimes against humanity, and war crimes committed abroad, before Israel’s establishment, by a non-national acting as an official of a foreign state.
2. Whether Eichmann’s seizure in Argentina and transfer to Israel barred Israel’s courts from trying him.
3. Whether the 1950 statute violated nullum crimen, nulla poena sine lege by retroactively criminalizing conduct and authorizing punishment for past acts.
4. Whether Act of State, superior orders, or claims of minor participation negated individual criminal responsibility.
5. Whether the proven conduct satisfied the statutory and international-law definitions of the charged crimes and organizational membership offenses.

## Decision

- The District Court held it had jurisdiction under the 1950 law and that exercising jurisdiction was consistent with international law.
- The District Court ruled that any illegality in Eichmann’s capture implicated inter-state responsibility and did not provide a personal defense barring trial.
- The District Court rejected the retroactivity challenge, reasoning the charged acts were already crimes under international law when committed and the statute supplied a domestic forum and penalties.
- The District Court found Eichmann individually responsible as a principal organizer of deportations and extermination; superior orders did not excuse liability.
- Eichmann was convicted on all counts and sentenced to death.
- The Supreme Court dismissed the appeal, concurred with the District Court’s reasoning, and affirmed the conviction and death sentence.

## Legal Principles

- National courts may prosecute certain grave international crimes under universal jurisdiction, particularly where no international tribunal provides an exclusive forum.
- A state may assert additional jurisdictional bases for international crimes, including protective and passive-personality rationales tied to the targeted victim group.
- Irregular apprehension abroad does not, by itself, deprive a criminal court of jurisdiction to try the accused; objections sound primarily in inter-state responsibility and may be waived or settled diplomatically.
- Retroactive domestic legislation does not violate nullum crimen where it codifies and provides procedures and punishment for conduct already criminal under international law at the time of commission.
- Act of State does not immunize individuals from liability for genocide, crimes against humanity, or war crimes.
- Superior orders are not a defense to international crimes, though they may be considered at sentencing in limited circumstances.

## Conclusion

The Israeli courts sustained jurisdiction to try Eichmann for Nazi-era international crimes, rejected challenges based on abduction, retroactivity, and official-capacity defenses, and affirmed his conviction and death sentence on the ground that individuals remain punishable for universally condemned atrocities.


Att’y Gen. of the Gov’t of Isr. v. Eichmann, Crim. Case No. 40/61 (Isr. Dist. Ct. Jerusalem 1961), aff’d (Isr. 1962)