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Adolph Eichmann trial begins...



Item # 564720

April 11, 1961

LEOMINSTER DAILY ENTERPRISE, Massachusetts, April 11, 1961

* Adolph Eichmann trial begins
* Jewish mass murderer
* World War II Nazi

This 10 page newspaper has a nice banner headline on the front page: "Eichmann Challenges Rights of Three Judges" with subhead: "Israel Opens His Trial In Fortress"

Tells of the start of the trial against Adolph Eichmann, 'the architect of the Holocaust"

Other news of the day. Good condition.

wikipedia notes:
Otto Adolf Eichmann (March 19, 1906 – May 31, 1962[2]), sometimes referred to as "the architect of the Holocaust", was a Nazi and SS-Obersturmbannführer (equivalent to Lieutenant Colonel). Because of his organizational talents and ideological reliability, he was charged by Obergruppenführer (General) Reinhard Heydrich with the task of facilitating and managing the logistics of mass deportation of Jews to ghettos and extermination camps in Nazi-occupied Eastern Europe.

After the war, he travelled to Argentina using a fraudulently obtained laissez-passer issued by the International Red Cross and lived there under a false identity working for Mercedes-Benz until 1960. He was captured by Israeli Mossad operatives in Argentina and tried in an Israeli court on 15 criminal charges, including crimes against humanity and war crimes. He was convicted and hanged in 1962.

Eichmann's trial before an Israeli court in Jerusalem began on April 11, 1961. He was indicted on 15 criminal charges, including crimes against humanity, 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 Halevi 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—nowadays known as the Gerard Behar Center—a new 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".[30]

The trial caused huge international controversy as well as an international sensation. The Israeli government allowed news programs 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 who questioned the Nuremberg defendants and would 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 who stated: "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 court depositions. None of the depositions supported Eichmann's "following orders" defense. One deposition was from Otto Winkelmann, 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 [Adolf Hitler]". Franz Six, a former SS brigadier general in the German secret service, 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. Eichmann appealed the verdict, mostly relying on legal arguments about Israel's jurisdiction and the legality of the laws under which he was charged. He also claimed that he was protected by the principle of "Acts of State" and repeated his "following orders" defense.

On May 29, 1962 Israel's Supreme Court, sitting as a Court of Criminal Appeal, rejected the appeal and upheld the District Court's judgment on all counts. In rejecting his appeal again claiming that he was only "following orders", the court stated that, "Eichmann received no superior orders at all. He was his own superior and he gave all orders in matters that concerned Jewish affairs ... the so-called Final Solution would never have assumed the infernal forms of the flayed skin and tortured flesh of millions of Jews without the fanatical zeal and the unquenchable blood thirst of the appellant and his associates." On May 31, Israeli President Yitzhak Ben-Zvi turned down Eichmann's petition for mercy.  A large number of prominent persons sent requests for clemency.

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