The question becomes, how well can people discern the difference between ideals with which they agree, and those things that are immoral; and perhaps most importantly, how effectively can people decide to do that which is morally correct even when faced with such unpopular consequences as standing out from the crowd and siding against a popular government (Alford)?
Those who held opinions that were opposed to Eichmann's trial in Israel did not wait to be heard. One notable contemporary in particular believed that the methods undertaken to achieve the trial were questionable at best. In 1961, Victor Gollancz published a pamphlet on the very trial in question. It was a plea to abstain from executing Eichmann, but it touched on issues related to the motives surrounding the trial. The Israeli Prime Minister wanted the trial to take place in Israel in particular because he wanted the young Israelis to know what atrocities the Nazis had committed, and to expose the evil of anti-Semitism. But Gollancz urges in his pamphlet that this was a psychological miscalculation by the Israeli prime minister, David Ben-Gurion. Gollancz indicates that, "the horrific story told by the witnesses may repel the youth, on the one hand, and stimulate, on the other, the anti-Semitic frenzy" (N.B. 87). It seems that Gollancz may have had a point because there was a flare of anti-Semitic activity in Argentina not long after Eichmann was abducted (Rein).
Another contemporary objection levied against the Eichmann trial in Israel had to do with the judges themselves. The concern stated here echoed that which Eichmann's defense had previously presented. The worry was based on the Israeli judges' ability to be impartial in a trial that related crimes directed specifically at them and their countrymen. Peter Papadatos, in his book The Eichmann Trial, shows that Eichmann's lawyers were not the only ones concerned with the way in which Eichmann was prosecuted. In addition to the concern about the impartiality of the judges, Papadatos mentions Israel's right to punish persons for war crimes, Eichmann's abduction, and questions about the retroactivity of the Israeli law as important concerns to be considered (Papadatos 198).
Part of Eichmann's defense was clearly erroneous, but does that provide for Israel the legal justification to ignore Eichmann's human rights? Eichmann claimed that he was merely following the orders of his superiors, but this is a claim that is not supported by the facts of the events. Eichmann is said to have had an obvious passion for the duties he performed. It was clear that he was not only good at his work, but he also enjoyed performing his work-related duties quite a bit. Although he claimed that he had "regret and condemnation for the extermination of the Jewish people which was ordered by the German rulers," it was in fact clear that he was "dedicated and devoted to his task" (Draper 489). Eichmann "toiled long and hard and with considerable administrative and negotiating skill to ensure that this 'planned extermination' should be thorough. If any Jews were to remain alive in Europe nobody would be able to blame Eichmann for that oversight" (Draper 489).
It seems as though both Eichmann and the Israeli court had a point of contention in this case. For Eichmann, the fact that he was brought to Israel against his will by the Israeli government to stand trial for crimes that were not committed on Israeli soil is a good point to argue against...
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