United Nations
The United Nations (UN) is the Earth, global intergovernmental organization established by the signing of the Charter of the United Nations, UN Charter on 26 June 1945 with the stated purpose of maintaining international peace and internationa ...
Security Council Resolution 138 was adopted on June 23, 1960, after a complaint that
the transfer of Adolf Eichmann to Israel from Argentina constituted a violation of the latter's sovereignty. The Council declared that such acts, if repeated, could endanger international peace and security and requested that Israel make the appropriate reparation in accordance with the
Charter of the United Nations
The Charter of the United Nations is the foundational treaty of the United Nations (UN). It establishes the purposes, governing structure, and overall framework of the UN system, including its six principal organs: the Secretariat, the G ...
and the rules of international law.
Argentina itself, repeatedly challenged to interpret its demand for “appropriate reparation,” declined to take up the challenge. Dr. Mario Amadeo, Argentina’s delegation chairman, was asked sharply for a “yes or no” answer by Soviet delegation chairman Arkady A. Sobolev in regard to the demand he voiced in the Council the previous day for Eichmann’s return and punishment of those guilty of abducting the Nazi from Argentina. Dr. Amadeo refused flatly to give such an answer, declaring that each delegation is entitled to make its own interpretation of what “appropriate reparation” might mean.
During the debate, Israel told the Security Council that Eichmann had been captured by private individuals acting on their own behalf, that Eichmann had volunteered to come to Israel, and that the Israeli government only heard about it later without learning that he had come from Argentina.
Israel held the view that the matter was beyond the Council's competence and should instead be settled via direct bilateral negotiations.
Israel and Argentina did conduct further negotiations, and on August 3 issued a joint declaration admitting that Argentine sovereignty had been violated, but that the dispute had been resolved.
Resolution 138 was approved by eight votes to none; the
People's Republic of Poland
The Polish People's Republic (1952–1989), formerly the Republic of Poland (1947–1952), and also often simply known as Poland, was a country in Central Europe that existed as the predecessor of the modern-day democratic Republic of Poland. ...
and the
Soviet Union
The Union of Soviet Socialist Republics. (USSR), commonly known as the Soviet Union, was a List of former transcontinental countries#Since 1700, transcontinental country that spanned much of Eurasia from 1922 until Dissolution of the Soviet ...
abstained.
Argentina
Argentina, officially the Argentine Republic, is a country in the southern half of South America. It covers an area of , making it the List of South American countries by area, second-largest country in South America after Brazil, the fourt ...
was present but did not participate in voting, making this resolution one of the last recorded instances of a state abstaining from voting under the ''
nemo iudex in causa sua
''Nemo judex in causa sua'' (; also written as , , or ) is a Latin brocard that translates as "no one is judge in his own case". Originating from Roman law, it was crystallized into a phrase by Edward Coke in the 17th century and is now widely re ...
'' principle of Article 27(3) of the UN Charter.
See also
*
(1953–1965)
References
External links
*
Text of the Resolution at undocs.org
{{UNSCR 1960
0138
1960 in Argentina
0138
0138
1960 in Israel
Argentina–Israel relations
June 1960
Adolf Eichmann