Security Council resolution 138 (1960) [Question relating to the case of Adolf Eichmann]

138 (1960). Resolution of 23 June 1960

[S/4349]

The Security Council,

Having examined the complaint that the transfer of Adolf Eichmann to the territory of Israel constitutes a violation of the sovereignty of the Argentine Republic,[1]

Considering that the violation of the sovereignty of a Member State is incompatible with the Charter of the United Nations,

Having regard to the fact that reciprocal respect for and the mutual protection of the sovereign rights of States are an essential condition for their harmonious coexistence,

Noting that the repetition of acts such as that giving rise to this situation would involve a breach of the principles upon which international order is founded, creating an atmosphere of insecurity and distrust incompatible with the preservation of peace,

Mindful of the universal condemnation of the persecution of the Jews under the Nazis, and of the concern of people in all countries that Eichmann should be brought to appropriate justice for the crimes of which he is accused,

Noting at the same time that this resolution should in no way be interpreted as condoning the odious crimes of which Eichmann is accused,

1. Declares that acts such as that under consideration, which affect the sovereignty of a Member State and therefore cause international friction, may, if repeated, endanger international peace and security;

2. Requests the Government of Israel to make appropriate reparation in accordance with the Charter of the United Nations and the rules of international law;

3. Expresses the hope that the traditionally friendly relations between Argentina and Israel will be advanced.

Adopted at the 868th meeting by 8 votes to none, with 2 abstentions (Poland, Union of Soviet Socialist Republics).[2]

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1 Ibid., Supplement for April, May and June 1960, document S/4336.

2 One member (Argentina) did not participate in the voting.