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International Law & Jurisdiction

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  • 16-11-2019 11:49pm
    #1
    c.p.w.g.w
    Registered Users Posts: 4,994 ✭✭✭


    Just curious about laws regarding jurisdiction...I was under the impression that a crime must be committed within the same jurisdiction were the trail is held...

    Just after watching "Devil Next Door"...how did Israel have jurisdiction also with Eichmann...the crimes were committed in Poland...Not Israel.

    I'm not trying to defend the actions of those two...just trying to figure out how Isreal had the jurisdiction within the remit of International law


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    #2
    Trigger
    Registered Users Posts: 17,538 ✭✭✭✭Trigger


    c.p.w.g.w wrote: »
    Just curious about laws regarding jurisdiction...I was under the impression that a crime must be committed within the same jurisdiction were the trail is held...

    Just after watching "Devil Next Door"...how did Israel have jurisdiction also with Eichmann...the crimes were committed in Poland...Not Israel.

    I'm not trying to defend the actions of those two...just trying to figure out how Isreal had the jurisdiction within the remit of International law

    Not entirely sure about international law but under EU law, a country can claim Jurisdiction when one of its citizens has been the victim of a serious crime.

    The Sophie Toscan du Plantie case is an example of this


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    #3
    c.p.w.g.w
    Registered Users Posts: 4,994 ✭✭✭c.p.w.g.w


    Trigger wrote: »
    Not entirely sure about international law but under EU law, a country can claim Jurisdiction when one of its citizens has been the victim of a serious crime.

    The Sophie Toscan du Plantie case is an example of this

    But with the victims of the Holocaust were citizens of European countries not Isreal...


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    #4
    Nody
    Moderators, Category Moderators, Arts Moderators, Business & Finance Moderators, Entertainment Moderators, Society & Culture Moderators Posts: 18,260 CMod ✭✭✭✭Nody


    c.p.w.g.w wrote: »
    Just curious about laws regarding jurisdiction...I was under the impression that a crime must be committed within the same jurisdiction were the trail is held...

    Just after watching "Devil Next Door"...how did Israel have jurisdiction also with Eichmann...the crimes were committed in Poland...Not Israel.

    I'm not trying to defend the actions of those two...just trying to figure out how Isreal had the jurisdiction within the remit of International law
    Israel illegally kidnapped him from Argentina and used a 1950 law that they passed that allowed them to prosecute him (or other Nazi party members) because he was in the country. So did Israel have jurisdiction? Not really but they decided they wanted to convict Nazi's anyway as an Nuremberg extension and no major power wanted to stop them.

    Detailed version with references can be found here: https://en.m.wikipedia.org/wiki/Adolf_Eichmann


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    #5
    c.p.w.g.w
    Registered Users Posts: 4,994 ✭✭✭c.p.w.g.w


    Nody wrote: »
    Israel illegally kidnapped him from Argentina and used a 1950 law that they passed that allowed them to prosecute him (or other Nazi party members) because he was in the country. So did Israel have jurisdiction? Not really but they decided they wanted to convict Nazi's anyway as an Nuremberg extension and no major power wanted to stop them.

    Detailed version with references can be found here: https://en.m.wikipedia.org/wiki/Adolf_Eichmann

    I'm familiar will the breach of international law with Eichmann, he was kidnapped and smuggled back to Isreal.


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    #6
    Nermal
    Registered Users Posts: 2,614 ✭✭✭Nermal


    Might makes right; the true law from which all others proceed.


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    #7
    Nody
    Moderators, Category Moderators, Arts Moderators, Business & Finance Moderators, Entertainment Moderators, Society & Culture Moderators Posts: 18,260 CMod ✭✭✭✭Nody


    c.p.w.g.w wrote: »
    I'm familiar will the breach of international law with Eichmann, he was kidnapped and smuggled back to Isreal.
    Sorry I was not trying to insult you but that's basically the answer to your question. The Israel law basically says if we spot a Nazi in Israel we can prosecute them because of what they have done to our citizens/people; it does not matter that they were not our citizens at the time if they are now. That's why the kidnapping was claimed to be done by "random" individuals rather than the state of Israel to be able to justify that the state could convict him because the state had not broken the law basically. It's basically the same policy as when Israel a few years ago went and killed the guy in Saudi Arabia at the hotel because he was involved in weapon smuggling (as far as I recall was the claim); it's not about meeting international law requirements as much as acting and basically telling the world "Come at me bro" if you don't like it as Nermal stated above.


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