Morality and the International Legal Order

MORALITY AND THE INTE,llNATIONAL LEGALORDER" La paix servira mieux la justice que celle-ci ne servira la paix."WHY should the structure of the international legal order affect its content, in particular its ability to embody principles of morality ?It is the aim here to attempt an answer by examining certain aspects of the Eichmann affair which have hitherto received little attention.In the process the significance of De Visscher's words will become apparent.On May 11, 1960, Adolf Eichmann, who had been living in Argentina for some time under the name of Richard Klementz, was taken to Israel by certain Israeli nationals.It is not clear whether Eichmann left voluntarily or under duress or how far those who removed him were acting with the authority of Idrael.What is clear is that the removal of Eichmann from Argentina was performed without the knowledge or authority of Argentina.For this reason Argentina submitted to the Security Council a complaint alleging that by effecting the seizure Israel had violated Argentina's territorial sovereignty.After some discussion the Security Council adopted on June 28, 1960, a resolution a condemning Israel's action.As a result of this resolution Israel and Argentina agreed to settle their differences and on August 8, 1960, published a joint statement to that effect.With Eichmann's subsequent trial, conviction and execution we are not here c ~n c e r n e d .~ The issue of Eichmann's removal from Argentina and the Security Council's handling of the matter alone gives rise to some interesting problems of the present adequacy of international law.which appeared shortly after the above-mentioned events Professor Silving argued at length the case for the acceptance into international law of the principle of inexigibility, taking the Eichmann incident as an example of the desirability of such a I n an article

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