United Nations Security Council Resolution 138

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UN Security Council
Resolution 138
Adolf Eichmann
DateJune 23 1960
Meeting no.868
CodeS/4349 (Document)
SubjectQuestion relating to the case of Adolf Eichmann
Voting summary
  • 8 voted for
  • None voted against
  • 2 abstained
  • 1 present not voting
ResultAdopted
Security Council composition
Permanent members
Non-permanent members
← 137 Lists of resolutions 139 →

United Nations 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 and the rules of international law. Israel held the view that the matter was beyond the Council's competence and should instead be settled via direct bilateral negotiations.[1] 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.[2]

Resolution 138 was approved by eight votes to none; the People's Republic of Poland and the Soviet Union abstained. Argentina 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 principle of Article 27(3) of the UN Charter.[3][4][5]

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References[edit]

  1. ^ Wellens, Karen; T.M.C. Asser Instituut (1990). Resolutions and statements of the United Nations Security Council (1946–1989): a thematic guide. BRILL. p. 393. ISBN 978-0-7923-0796-9.
  2. ^ Green, L.C. (1962). "Legal issues of the Eichmann trial". Tulane Law Review. 37: 641–683. Retrieved 25 November 2013.
  3. ^ Sievers, Loraine; Dawes, Sam (2014). The Procedure of the UN Security Council (4th ed.). Oxford: Oxford University Press. pp. 344–345. ISBN 9780199685295.
  4. ^ Blum, Yehuda Z. (1993). Eroding the United Nations Charter. The Hague: Martinus Nijhoff. p. 206. ISBN 9780792320692.
  5. ^ Schermers, Henry G.; Blokker, Niels M. (2018). International Institutional Law: Unity within Diversity (6th ed.). Leiden: Brill Nijhoff. ISBN 9789004381650.

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