Adolf Eichmann - Trial

Trial

Eichmann's trial in Jerusalem before the Jerusalem District Court began on April 11, 1961. He was indicted on 15 criminal charges, including crimes against humanity, war crimes, crimes against the Jewish people, and membership in an outlawed organization. In accordance with Israeli criminal procedure, the trial was presided over by three judges: Moshe Landau, Benjamin Halevy and Yitzhak Raveh. The chief prosecutor was Gideon Hausner, the Israeli Attorney General. The three judges sat high atop a plain dais. The trial was held at the Beit Ha'am—today known as the Gerard Behar Center—an auditorium in downtown Jerusalem. Eichmann sat inside a bulletproof glass booth to protect him from victims' families. This image inspired the novel, stage play, and film The Man in the Glass Booth, although the plot of the drama has nothing to do with the actual events of the Eichmann trial.

The legal basis of the charges against Eichmann was the 1950 "Nazi and Nazi Collaborators (Punishment) Law". However, Israel's claim to jurisdiction is controversial, as Eichmann's acts did not occur on Israeli soil, and indeed had happened before Israel came into existence. In addition, Ian Shapiro has observed that the process of Eichmann's trial contained many instances of reversible error and procedural irregularities, which would not have held up to appeal in a standard legal trial. For instance, Eichmann's defense team was not permitted access to all of the evidence to be used.

The trial caused huge international controversy, as well as an international sensation. The Israeli government allowed news programmes all over the world to broadcast the trial live with few restrictions. The trial began with various witnesses, including many Holocaust survivors, who testified against Eichmann and his role in transporting victims to the extermination camps. One key witness for the prosecution was an American judge named Michael A. Musmanno, who was a U.S. naval officer in 1945. Musmanno had questioned the Nuremberg defendants and would later go on to become a Justice of the Pennsylvania Supreme Court. He testified that the late Hermann Göring "made it very clear that Eichmann was the man to determine, in what order, in what countries, the Jews were to die."

When the prosecution rested, Eichmann's defense lawyers, Robert Servatius and Dieter Wechtenbruch, opened up the defense by explaining why they did not cross-examine any of the prosecution witnesses. Eichmann, speaking in his own defense, said that he did not dispute the facts of what happened during the Holocaust. During the whole trial, Eichmann insisted that he was only "following orders"—the same Nuremberg Defense used by some of the Nazi war criminals during the 1945–1946 Nuremberg Trials. He explicitly declared that he had abdicated his conscience in order to follow the Führerprinzip. Eichmann claimed that he was merely a "transmitter" with very little power. He testified that: "I never did anything, great or small, without obtaining in advance express instructions from Adolf Hitler or any of my superiors."

During cross-examination, prosecutor Hausner asked Eichmann if he considered himself guilty of the murder of millions of Jews. Eichmann replied: "Legally not, but in the human sense ... yes, for I am guilty of having deported them". When Hausner produced as evidence a quote by Eichmann in 1945 stating: "I will leap into my grave laughing because the feeling that I have five million human beings on my conscience is for me a source of extraordinary satisfaction." Eichmann countered the claim saying that he was referring only to "enemies of the Reich".

Witnesses for the defense, all of them former high-ranking Nazis, were promised immunity and safe conduct from their German and Austrian homes to testify in Jerusalem on Eichmann's behalf. All of them refused to travel to Israel, but they sent the court depositions. However, almost none of the depositions supported Eichmann's "following orders" defense. One deposition was from Otto Winkelmann (de), a former senior SS police leader in Budapest in 1944. His memo stated that "(Eichmann) had the nature of a subaltern, which means a fellow who uses his power recklessly, without moral restraints. He would certainly overstep his authority if he thought he was acting in the spirit of his commander ". Franz Six, a former SS brigadier general in the German security service, who was assigned the supervision of the occupation of the United Kingdom had Operation Sea Lion been successful, said in his deposition that Eichmann was an absolute believer in National Socialism and would act to the most extreme of the party doctrine, and that Eichmann had greater power than other department chiefs.

After 14 weeks of testimony with more than 1,500 documents, 100 prosecution witnesses (90 of whom were Nazi concentration camp survivors) and dozens of defense depositions delivered by diplomatic couriers from 16 different countries, the Eichmann trial ended on August 14. At that point, the judges began deliberations in seclusion. On December 11, the three judges announced their verdict: Eichmann was convicted on all counts. Eichmann had said to the court that he expected the death penalty. On December 15, the court imposed a death sentence.

In 1999, 128 minutes of the original video recordings made during court sessions of the Eichmann trial were released to cinemas and later to home video under the title Un spécialiste (The Specialist in the US). The title is related to Eichmann's wartime reputation as a "specialist" in logistics regarding the expatriation, expropriation, and deportation of Jewish people.