Evening star., 1961-04-12
ElCHMANN
Prosecutor Disputes Contention
That Retroactive Law IS IIIeqoI


seems to be suffering from a
cold. Otherwise he scarcely
moved.
Mr.. HauSner cited precedents
in which judges said that an
individual bears moral respon-
Sibility for his actions even
though responding to orders
from his government.
He said Israel is uniquely
equipped to bring the case
against Mr.. Eichmann because
OF witnesses already on the
ground, and the immense
amount of documentary evi-
dence assembled here.
Mr.. HauSner reminded the
Court of the holocaust" suf-
Tered by the Jews in Europe,
and said, If any state in the
world feels in its own flesh and
blood the results of these crimes,
It is the State of Israel"
Eichmann looked a little hag-
gard when he came into court
on this second day. His wiSpy
hair was slightly rumpled. Dark
Scircles ringed his eyes. He
coughed frequently, blew his
nose, and removed his spec
Uacles to wipe his eyes.
Through most of the morn
Ing session, he sat quite still,
cupping his chin on his right
band. Unlike the first day, he
@ade only one or two penciled
notes on the paper in front of
MIN.
Cites Precedents
The only time he showed any
animation was in the moment
5efore the judges came into the
courtroom. Then, speaking
through the private micro
Jhone in the glasS-enclosed
prisoners dock, he exchanged
:. few words with Servatius.
AS they talked, Eichmann's
tace suddenly came alive. He
seemed to be eagerly emphasiz-
Ing a point.
Mr.. Hausner spent the whole
morning session in arguments
to refute the challenges DR..
Servatius made yesterday of
the courts and Israel'S right
to try Eichmann. The German
lawyer had contended that the
Israeli law under which Eich-
lam is being tried was ex post
facto-adopted after the event
and that Eichmann was only
an instrument of the Nazi
hierarchy, dragged into these
actions"
Citing precedent after prece-
dent, decision after decision,
Mr. HauSner contended that
the crimes charged to Eich-
mann had been considered
crimes throughout the civil
lied world long before Israel'S
1850 law brought them into
this nations legal code.
Long Account to Settle"
As to the ex post facto
character of the 1850 Israeli
law Mr.. Hausner cited some
20 nations that enacted similar
laws for the punishment of
war criminals and made them
retroactive.
+The Jewish people have
very long account to settle with
the. Nazis," the attorney gen.
era1 said, but they were de-
prived of the opportunity until
the establishment of the State
Of Israel in 1948."
Eichmann sat ramrod straight
through Mr.. Hausners some
times tortuous legal analysis.
He looked straight at Mr..
HauSner most of the time, oc-
caSionally glancing at the
judges bench.
There was no sign on his
face that the German transla- ..
ton, coming through his ear
phones, stirred him in any way.
The court chamber was half !
empty by mid-morning as the
Segal argument continued. Out
side the Belt Ha'am (commu- (
nltY center), where the trial is !
being held, there were no
crowds and passersby strolled
past with only a glance at the {
big building surrounded by a
high wire fence. {
Trial TeIevised
Public interest in the trial
remained at high pitch, how
ever. People flocked to the
Ratisbone Theater, one block
from the court building, to
watch proceedings by closed
circuit television.
For the most part it was a
dry, coldly meticulous recital.
Occasionally one of the judges
broke in to ask Mr.. HauSner to
clarity a point of law. Eich-
mann seemed lost in his
thoughts. He barely moved in
his chair. o..
Then, suddenly, Mr.. Hausner
shifted the focus from the IN /
ternational and common law
to one man and his alleged acts.
Turning to DR.. Servatius'
contention that West Ger {
many's payment of reparations {
to Israel constituted acknowl-
edgment that the German {
state-and not individuals |
was responsible for the Nazi {
crimes, Mr.. Hausner said with l
feeling: {
The reparations did not
constitute an atonement. For
this crime, there is no atone