The Normative Framework - Israel 's Extradition Law
- The Israeli extradition law is made up of three layers: the first is the constitutional right not to be confined, which is anchored In section 5 Basic Law: Human Dignity and Liberty. This
It is subject to limitation under the conditions set out in the Basic Law, and we will address it later. The second is the Extradition Law, which detailed, with the regulations issued by virtue of it - the Extradition Regulations (Procedures and Rules of Evidence in Petitions), 5731-1970 - the arrangement in detail. And finally, international treaties that regulate Israel's extradition relations with foreign entities, and especially with foreign countries, are both a condition for the existence of extradition relations and give extradition laws their real content.
The Extradition Law defines a series of conditions that can only be met, cumulatively, that a person can be extradited. These are related to the normative "environment" of the extradition request, the identity of the wanted person, the nature of the charges against him, and the identity of the extradition applicant. The law enumerates a series of both procedural and substantive barriers, in which a person cannot be extradited, including the statute of limitations for the offense attributed to the wanted person, the fact that he was previously prosecuted for this offense in Israel or served even part of his sentence here (prevention of double jeopardy), or his pardon in the requesting country for the offense. It was further determined that only a person accused of committing an offense that is not trivial may be extradited, to say "...an offense that if committed in Israel is punishable by one year's imprisonment or a more severe punishment" (section 2(a) of the Extradition Law). Extradition for foreign motives to the fight against crime, including political or security motives, and based on discrimination on the basis of race or religion, is prohibited, and extradition that contravenes public policy or harms Israel's vital interest may not be permitted (Article 2b).