Professional Documents
Culture Documents
Eichmann defense:
1. Illegally kidnapped (territoriality challenge)
2. Superior order defense (mens rae challenge)
3. Territorial jurisdiction (extra-territoriality)
a. Intrapersonal jurisdiction
b. Protective jurisdiction
c. Passive Personality Principle
d. Piracy Principle
e. Princeton Principle on Universal Jurisdiction
(Erga Omnes; Jus Cogens)
4. Ex post facto concerns
5. Israeli government opposition to the death penalty
6. Administrative legality (not used)
7. Change the venue (too late)
Quintessential hypocrisy
The International Military Tribunal for the Far East (the
“Tokyo Trials”) convened 4/46 and adjourned 12/48. A panel
of 12 judges from 9 nations were appointed. The Trials
covered activities from 9/31 to 8/45. In the primary trial, 28
military leader were charged with war crimes. Of those, 7
were hung, 16 received life sentences, 2 received lighter
sentences, 2 died during the trial and 1 was declared insane.
More than 5,700 were charged in other proceedings.
That draft went thru many iterations, and the final proposal was
adopted by the United Nations General Assembly at a meeting in
Rome in by a vote of 120 – 7 in July of 1998 (the 7 opponents were
China, Libya, Yemen, Qatar, Libya, Israel, United States)
Crime Against Humanity - Acts that violate concepts of natural law and natural
rights of human beings as human beings.
International tribunals advance two bi-polar punishment
perspectives:
1. Strict accountability (micro justice) – hold individuals
accountable/punish individuals who were responsible; few are
captured and brought to justice, it is extremely expensive, often
descends into a pre-determined Victor’s Justice proceeding
2. Social reconciliation (macro justice) – heal the torn social
fabric and get on with life leaving the hate behind; no attempt to
hold people accountable to any degree of significance, even
basic restitution not mandated; they functioned in the end with
impunity/they got away with it, they just say they are sorry and
that is it
There are obviously pros and cons of each international tribunal
punishment perspective. Neither model meets the needs of all
concerned/all who were harmed. Regardless of the outcome,
there will be disappointment.
I have certainly had wrong things done to me over the years, as have you
all and you wil have many more crooked barbs and arrows yet coming
your way. The relevant issue of concern here is we need to achieve,
accomplish, and make contributions of significance. A soul cankered
soul, replete with hate and revenge diminishes the ability to achieve and
accomplish. A cankered soul diminishes life – that is the theme of Victor
Hugo’s masterpiece, Les Miserables. Do not become a miserable,
unforgiving cankered Javert. Let it be, move forward with dogged
persistence, get on with it, and make contributions of significance
wherever you are.