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Eichmann Trial -- Session 110 -- Prosecution continues summing up

Film | Accession Number: 1999.A.0087 | RG Number: RG-60.2100.212 | Film ID: 2212

Session 110. Begins midsentence as Hausner sums up his points of evidence, saying that Eichmann could not have done any of this without the Nazis, they created the situations from which the Jews fled.

00:02:06 Tape jumps, and Hausner is now finished, and gives copies of his summations to the Judges and the Defense. Hausner justifies the hearsay evidence mentioned in the previous session through the duty of an officer to accurately note the goings on and actions around him, and that the burden of proof is on the Prosecution to show that any testimony is a lie. He talks about the logistics of the camps, followed by discussion of the death marches.

00:11:36 Tape jumps, and Hausner points to the legal principle of conspiracy. Though it might be difficult to charge Eichmann with specific crimes, surely, he says, it is impossible to acquit him of conspiracy to commit heinous crimes. He cites a prior case which ruled that the act of any one conspirator was for the advancement of all conspirators and makes them all guilty.

00:27:17 Tape is interrupted by slate, returns, and repeats the last question, concerning whether or not Eichmann joined the SD accidentally. Through the law of conspiracy, Hausner says that if Eichmann remained loyal to his oath, then he is guilty for all the acts of the Nazis, comparing them to a gang who commits a murder.

00:31:17 Hausner admits that all of his examples are odd, but this case is unprecedented, and he must use normal precedents to argue. He cites Nuremberg decisions concerning "aggressive war" to convict Eichmann even if he is considered held into the Nazis against his will. 00:34:59 Hausner argues against the possibility of the Defense bringing up Nuremberg's selected acquittals of certain persons accused of conspiracy to commit crimes against humanity. He gives examples proving that this is not one of those cases.

00:39:49 Tape is interrupted by a slate and repeats the previous statement. The Judges asks about the availability of a document mentioned concerning the official results of the Nuremberg trials. This condemns the oath of loyalty and considers it no excuse for crimes committed.

00:45:55 Tape is interrupted by a slate, rewinding, gray screen, rewinding, the time code returns to the beginning, gray once again, and then the tape ends.

Film Title
Eichmann Trial
Event:  1961 August 08
Production:  1961 August 08
Jerusalem, Israel
Accessed at United States Holocaust Memorial Museum, courtesy of The Steven Spielberg Jewish Film Archives of the Hebrew University of Jerusalem
Record last modified: 2021-06-03 12:45:05
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