Changes

===Trial ''in absentia''===

===Trial ''in absentia''===

In 1991 the publication of a book entitled ''By Way of Deception'' by former Mossad operative Victor Ostrovsky created quite a stir in discussing some of the operations of the Israeli government and Mossad.  Ostovsky told of the Israeli Cabinet’s use of trial ''in absentia'' for enemies of the Jewish people.  While trial ''in absentia'' is not recognized in Anglo-American jurisprudence, it has been used in the [[Soviet Union]] and other countries formerly referred to as the [[Eastern bloc]].  The [[fifth amendment]] to the U.S. Constitution guarantees  the rights of the accused to face their accusers, this provision was waived however during the [[Nuremberg War Crimes Tribunal]] in the case of [[Martin Borman]], [[Hitler]]’s chief adjutant.  Bormann was indicted, found guilty, and sentenced to death ''in absentia]].

In 1991 the publication of a book entitled ''By Way of Deception'' by former Mossad operative Victor Ostrovsky created quite a stir in discussing some of the operations of the Israeli government and Mossad.  Ostovsky told of the Israeli Cabinet’s use of trial ''in absentia'' for enemies of the Jewish people.  While trial ''in absentia'' is not recognized in Anglo-American jurisprudence, it has been used in the [[Soviet Union]] and other countries formerly referred to as the [[Eastern bloc]].  The [[fifth amendment]] to the U.S. Constitution guarantees  the rights of the accused to face their accusers, this provision was waived however during the [[Nuremberg War Crimes Tribunal]] <ref>[https://law.wustl.edu/journal/1/p13arbour.pdf The Prosecution of International Crimes: Prospects and Pitfalls,] Justice Louise Arbour, Presentation given at the Holocaust Memorial Lecturer, Washington University on 28 October 1998.

Justice Arbour was appointed the Chief Prosecutor for the International Criminal Tribunal for the Former Yugoslavia and the International Criminal Tribunal for Rwanda by the United Nations Security Council in 1996. Justice Arbour served during a leave-of-absence from her position as a Justice of the Ontario Court of Appeals.</ref> in the case of [[Martin Bormann]], <ref>[http://killeenroos.com/5/NAZISTUF.htm#Borman German Nazi Party of World War II, Bormann]  

Retrieved from the Killeen Harker Heights Connections collection, 05/26/07.] [[Hitler]]’s chief adjutant.  Bormann was indicted, found guilty, and sentenced to death ''[[in absentia]]''.

Ostrovsky describes how the government of Israel has assumed the responsibility for defending Jews worldwide against the enemies of the Jewish people.  Ostrovsky declares the Israeli Cabinet will sit as a jury of sorts and hear cases, the Attorney General functioning as the prosecutor. A “public defender” of sorts is appointed  to argue the Defendant’s case ''in absentia'' when an individual may be accused of committing crimes against the Jewish people.  The most famous high profile case is [[Adolf Eichmann]], whose kidnapping from Argentina created an international controversy in 1963; a citizen of one country, had been kidnapped for committing crimes in another country, to stand trial in a third country, which did not exist at the time the crimes occurred. <ref>Wiesenthal, Simon. The Murderers Among Us. Paris: Opera Mundi, 1967.</ref>

Ostrovsky describes how the government of Israel has assumed the responsibility for defending Jews worldwide against the enemies of the Jewish people.  Ostrovsky declares the Israeli Cabinet will sit as a jury of sorts and hear cases, the Attorney General functioning as the prosecutor. A “public defender” of sorts is appointed  to argue the Defendant’s case ''in absentia'' when an individual may be accused of committing crimes against the Jewish people.  The most famous high profile case is [[Adolf Eichmann]], whose kidnapping from Argentina created an international controversy in 1963; a citizen of one country, had been kidnapped for committing crimes in another country, to stand trial in a third country, which did not exist at the time the crimes occurred. <ref>Simon Wiesenthal, ''The Murderers Among Us'', Paris: Opera Mundi, 1967.</ref>

During the secret cabinet proceedings, evidence is presented by the prosecution, the appointed defense counsel makes a defense, and the Cabinet as whole votes upon guilt or innocence.  A second vote then occurs on whether to dispatch Mossad to apprehend the individual to stand public trial in Israel, as was the case with Eichmann, or to pass the [[death sentence]].  If the death sentence is passed, then the Israeli Prime Minister excising sovereignty must sign a death warrant ordering Mossad to do the execution, as is alleged to be the cases with [[Gerald Bull]] and [[Robert Maxwell]].

During the secret cabinet proceedings, evidence is presented by the prosecution, the appointed defense counsel makes a defense, and the Cabinet as whole votes upon guilt or innocence.  A second vote then occurs on whether to dispatch Mossad to apprehend the individual to stand public trial in Israel, as was the case with Eichmann, or to pass the [[death sentence]].  If the death sentence is passed, then the Israeli Prime Minister excising sovereignty must sign a death warrant ordering Mossad to do the execution, as is alleged to be the cases with [[Gerald Bull]] and [[Robert Maxwell]].