Attorney-General of the Government of Israel v. Adolf Eichmann

Abstract

International law in general — Sources — Customary international law — Development of — Use of analogy — General principles of law — Relationship to international morality.

International law in general — Relation to municipal law — Jurisdiction of national courts — When custody of prisoner secured by breach of international law — Whether court entitled to exercise universal jurisdiction — Relationship of statute and customary international law — Presumption that there is no conflict — Primacy of statute — The law of Israel.

Recognition of acts of foreign States — Whether Act of State a defence to charges of war crimes, genocide and crimes against humanity.

Jurisdiction — In general — Territorial — Over foreigners — In respect of offences committed abroad — Application of Israel legislation regarding crimes against Jews — Principles of universality, passive personality and protection.

Jurisdiction — In general — Territorial — Irregular apprehension — Seizure of accused in Argentina by agents of Israel Government — Whether affecting jurisdiction of Israel courts — Effect of waiver of breach of international law by Government concerned — Retroactivity of law.

State responsibility — Nature and kinds of — For wrongs unconnected with contractual obligations — Acts of State officials — Abduction — Reparation — Nature of

The individual in international law — Extradition — In general — Abduction — Whether principle of specialty applies.

War — In general — Enforcement of Jaws of war — Punishment of war crimes and crimes against humanity — Defence of superior orders — Genocide as a crime under international law — Principle of nullum crimen sine lege.

The individual in international law — In general — Position of — Responsibility for war crimes, genocide, and crimes against humanity — Effect upon individual of irregular apprehension — Whether individual direct beneficiary of international law — Right of State in which apprehension occurred and of national State to waive claim arising therefrom — Relevance of extradition procedure — Human rights and freedoms — European Convention for Protection of — Right to freedom and personal security — Application of Convention by courts of State not a party.