THE DETROIT JE WISH NEWS — Fr iday, December 15, 1961 — 32
Eichmann Case May Go Into High Court
Leading Up to Appeal to President Ben-Zvi
(Continued from Page 1) .
eyes in the court room were
fixed on Eichmann for signs of
any reaction.
Eichmann thereupon made
a dramatic personal appeal for
his life by declaring that he
does not "recognize the guilt,"
that his expectation for justice
was disappointed. He read a
prepared statement in which
he said he followed orders and
that "people who gave the or-
ders justly deserve punish-
ment." He added that "the
mass murder was solely the
guilt of the political leader-
ship!'
Throughout the trial, how-
ever, his defense counsel, Dr.
Servatius said a number of
times that Eichmann had been
given a fair trial.
The prosecutor asserted that
Eichmann removed himself
from human society and
that he therefore "can not
claim society should deal with
him as a human being. He was
born human but turned into a
wild jungle tiger. He crossed
the barrier separating htunan
beings from bestiality."
Continuing, the prosecutor as-
serted that the NaZi should be
sentenced "as a creature that
placed himself outside the human
framework who gave freedom to
the lowest instincts. With his
activities he lost the right to
remain among human people and
it is essential to remove him
from society if only to safeguard
the society from people of Eich-
mann's type.
"He does not deserve mercy,"
the prosecutor thundered, "be-
Cause he had no mercy in his
heart. He wanted all of his vic-
tims to die. Look at the pictures
of the young boys and girls clad
in sacks. Their eyes said fear.
One can hear even now cries of
`Mama, help!' from the children
of the ghettoes."
The prosecutor dissmissed any
possible claim of the defense
counsel that a long' time had
passed since the wartime crimes
were committed and that this
should be taken into considera-
tion. He said: "Can we forget
1,250,000 Jewish children done
to death. These children were to
have been the continuation of
our generation."
He declared that Eichmann
deserved the most severe pun-
ishment it was possible to give
a person "but even death
would not to the smallest de-
gree measure up to what is
really due him. Even if he was
put to death a thousand times,
even if he died from hunger
daily, this would not come up
to the horrors he inflicted on
even one child."
Hausner cited the Jewish poet
Bialik who said "revenge for the
death of One child was not cre-
ated even by Satan."
If Eichmann was not to bear
the punishment ,for the Nazi
wartime slaughter of 6,000,000
European Jewish men, women
and children, the prosecutor as-
serted, "there is no one else that
should bear it. Here is an anni-
hilator of a nation, an enemy of
the human race, a murderer of
innocents. I ask that - this man
should die."
After the reading of the
verdict was completed on Tues-
day, Eichmann was instructed
to rise to his' feet -to hear the
announcement of his ,convic-
tion on all 15 counts of the
indictment. He listened for 25
minutes without any percepti-
ble change in his expression.
Dr. Robert Servatius then
asked for an adjournment to
enable him to consult his client
regarding his planned state-
ment to the court on the mat-
ter of Eiclunann's sentence.
Reading of the 100,000-word
judgment required 16 hours and,
at the conclusion, the court in-
timated it would not consider
arguments advanced in mitiga-
tion of the crimes for which it
convicted the 56-year-old defend-
ant. Dealing with the defense
plea that Eichmann had to obey
orders of his superiors in his
part in the deportation and
laughter of 6,000,000 Jews, the
ourt declared this argument
vould not be considered even as
a plea for mitigation of -the
erdict.
pudiated by the Nuremberg
Tribunal, and that the Nurem-
berg judgment was affirmed
by the United Nations in - 1946.
the right to appeal to President
Izhak Ben-Zvi for clemency.
Eichmann Anticipates
Death Sentence;
"The State of Israel," he said, Leaves Testament
"is a sovereign State of Jewish
LONDON, (JTA) — A testa-
people which the Nazis wanted to ment allegedly written in his
exterminate. Half of Israel's Israeli prison by Adolf Eich-
population came from the deci- mann, and smuggled to People,
mated European community in a Sunday newspaper, was fea-
the last decade. In the light of tured by that newspaper. "Eich-
the United Nations recognition mann's Amazing Last Message,"
of the Jewish people and their as People calls the purported
right to establish their State; in testament, is a mixture of re-
the light of the recognition of morse, defiance and accusations
The court, in its completion
this State by the family of na- against his former Nazi super-
of the judgment reading, flatly
tions, Israel and the Jewish peo- iors.
rejected Eichmann's conten-
ple constitute an integral part
Eichmann, according to the
tion that he was a mere cog
of the law of the law of nations.
It was apparent that, if the document, has presumably no
in the vast Nazi wartime mur-
doubts about his fate, being sure
Nuremberg Tribunal was a tri- he
der machinery that sent one-
will be sentenced by the
umph of human justice over to- Israeli
third of the Jewish people to
court to hanging. "If I
their deaths during the war.
talitarian concepts, this trial in had my way," he is quoted as
JUSTICE MOSHE LANDAU
Israel was all that as well as
Spelling out in detail the re-
"I should like to hang
historic justice. A small state, re- saying,
ection of a defense that Eich-
myself in a public place as a
stored
after
two
thousand
years,
the
Nazis
have
carried
out
mann's acts carried out orders
rendered the judgment of its warning to future generations
f superiors, the judges declared their evil designs without the has
and to anti-Semites throughout
against the most hated the
hat "such arguments are not to help given them by other people
world." Eichmann then gives
enemy."
peoples
in
whose
midst
the
e voiced in any state in the
specific, macabre directions on
Jews
dwelt?
Would
it
have
"However," Judge Halevi de- the disposition of his remains.
vorld which bases itself on the
ule of law. This attempt to been possible to avert the clared, "the court itself cannot
He requests that medical au-
urn an order for the extermina- catastrophe, at least in part, be enticed into provinces which thorities in Austria, where he
if
the
Allies
had
displayed
are
outside
its
sphere.
It
is
the
ion of millions of innocent peo-
was born, should first perform
le into a political act with the greater will to assist the per- purpose of every criminal case an autopsy 'on his body, then
secuted
Jews?
to clarify whether the charges have it cremated. He wants his
im of thus seeking to avoid
ersonal criminal responsibility
"Did the Jewish people in against the accused are true— ashes to be divided into seven
y those who gave and those who lands of freedom do all in its and, if the accused is convicted, parts. One part is to be buried
arried out such orders is of no power to rally to the rescue of to mete out due punishment to in the grave of his parents at
wail," the court said.
its brethren and to sound the him."
Linz, Austria; another part is to
Judge Raveh drew on the testi-
Presiding Justice Moshe Lan- alarm for help?" Justice Lan- mony and documents presented be interred in the garden of the
au announced, when the court dau continued. "What are the during the summer trial to prove home he had built for himself at
econvened Monday in the hushed psychological and social causes Eichmann's "personal responsi- Buenos Aires; the five remain-
hambers at the Beth Haam, of the group hatred which is bility" for anti-Jewish actions ing parts are to be divided
hat the prosecution had "estab- known as anti-Semitism? Can before and during the war. He among his widow and his four
ished the entire bill of indict- this ancient disease be cured, cited facts to show that Eich- children.
and by what means? What is
The alleged document con-
ment" against the defendant.
the lesson which Jews and mann's acts, far from forming a tinues: "It goes without saying
Eichmann had been charged other nations must learn from base for the protection of Jews that I have greatly changed my
pecifically with 'crimes against all this in regard to every as he claimed, amounted only to opinion of my previous superiors
he Jewish people, crimes against man's relationship to others?" a case for robbery of Jewish who are still alive and who have
property and the enslavement of made depositions against me to
umanity, war crimes, and mem-
The court cited its authority the Jews.
ership in organizations declared
shield themselves. Never in Ger-
in
this
case,
pointing
to
the
criminal" by the International Israel law of 1955 authorizing
In each instance, the court's many's history have her generals
ilitary Tribunal at Nuremberg
judgment agreed with the argu-
n 1946. Twelve of the 15 counts the trial and punishment, upon ments presented by the prosecu- and Ministers been such cowards
after the battle had been lost.
conviction,
of
Nazis
and
their
n the indictment carry the
collaborators. The defense had, tion, placing personal responsi- Never before have they evaded
naximum penalty of death. The at the beginning of the trial last bility for anti-Jewish depreda- responsibility for their own
ourt had taken exactly four April, questioned the court's tions on Eichmann himself.
orders by putting it all on the
onths, since the trial was con- jurisdiction. This point is fully
The reading of the verdict, in shoulders of their supordinates
luded on Aug. 11, to deliberate expected
now to form the basis Hebrew, was-translated into Eng- —orders of which, at the time
he case and formulate its judg- for an appeal
from, the court's lish, French, German and Yid- of issuance, they were so proud."
ent. The trial itself lasted four findings to Israel's
"Meanwhile," the document
Supreme dish. The proceedings will be
lonths, having opened April 11. Court.
broadcast directly from the court- continues, "I carry my share of
room. For the benefit of Jewish responsibility. What was done
The former Gestapo colonel
Judge Halevi stated that the immigrants in Israel, special cannot be undone. It was done
toad ramrod straight in his 1955
law
had
given
"expression
broadcasts will be transmitted as the result of mass hysteria,
ullet-proof, glass-enclosed booth
▪ the _courtroom. He showed no to the historic change in the in Polish and Hungarian.
artificially stoked up and then
political situation of the Jewish
Once again, as during the trial, used by individuals for their own
motion whatever as he heard people who, having the greatest
full security measures were in ends."
he verdict. After requesting him
o sit down, Justice Landau and gravest account against the effect, special police patroling
The Munich Abendzeitung last
Nazis,
had
no
political
status
for
tarted reading the 300-page
the entire court area outside and week published a political testa-
Nazi criminals until the keeping watch inside. All report- ment, purportedly, written in his
udgment. Later, that task was trying
establishment of the State of ers and other representatives of cell by Eichmann, indicating that
hared by the two other jurists Israel."
n the court, Judge Yitzhak Ra-
communications media were the -former Gestatpo colonel had
In regard to Israel's "unequiv- searched as they entered • the turned Communist. The testa-
eh and Judge Binyamin Halevi.
ocal" law, said Judge Halevi,
"The charges of unsurpassed numerous legal authorities have converted community cent e r ment, reported to have reached
everity, ascribed to the accused," shown that "Israel is mindful to where the district court will re- West Germany through the Egyp-
tated the judgment, "refer to accord with the principles of sume its activities tomorrow. tian secret service, is supposed
he period of Hitler's regime in international law." The crimes Once again, an insurance policy to show that Eichmann felt that
ermany, and paragraphs in the charged in the trial, he held, "are for 1,500,000 pounds against all "for security and peace of the
tdictment encompass the catas- crimes not only under Israel law, contingencies connected with the coming generation, nothing could
trial was re-activated by Lloyd's be more suitable than the imple-
rophe which befell the Jewish but are, in essence, against the of
London.
mentation of the Marxist-Lenin-
eople during that period — a law of the nations."
Dr. Servatius will have 10 days ist doctrine." Eichmann was
tory of bloodshed and suffering
Judge Halevi rejected de-
hat will be well remembered to fense claims that the -crimes for filing an appeal. In case of cited as declaring in this testa-
acquittal, the Attorney. General ment that he was convinced that
he end of time."
by Eichmann had been com- will have two months for filing Hitler and other Nazi leaders
Justice Landau then posed
mitted "in the course of duty his appeal. Any appeal, under were just "figures in a game of
some of these questions: "How
and are, thus, acts of State" Israeli law, would have to be international fatalism."
could this happen in the light
for which only the German heard by at least three members
(Referring to the sentencing
of day, and why was it just
state is responsible. He pointed of Israel's Supreme Court. In of Eichmann,. in her speech be-
the German people from which
out that this theory concern- case of conviction and senten- fore the annual ,national con-
this great evil sprang? Could
ing "acts of State" was re- cing, the defense would still have ference of the United Jewish
Appeal, in -New York, last Sun-
day, Israel's Foreign Minister
Golda Meir said: "We are not
looking for revenge. For the first
time in a long tragic history, -
what one may not do to any
human being, he may not do to
a Jew . . . if he does, he will be
brought to trial, not by begging
others but in a Jewish court.
Young generations all over the
world must hear the Eichmann
story, because it may give some
guarantee that it will not be re-
peated—not only against Jews
The many moods of the mass murderer during his trial . . .
but against anyone anywhere.")
-