A basic condition for extradition is the existence of an extradition agreement between Israel and the extradition applicant, whether an agreement that is specific to extradition, or a general agreement that contains provisions relating to this matter (section 2a(a)(1) of the law). Without an extradition treaty between the State of Israel and another country, there is no basis for the existence of extradition relations between the two. In terms of domestic law, each state is sovereign - subject to the foundations of its law - to shape the character of extradition proceedings in the Convention, to determine its conditions, to instruct what offenses can be extradited, who are the persons whose extradition can be requested, and more. From the moment it is signed, the extradition treaty, provided that what is stated in it does not contradict one of the basic principles of our law, becomes an inseparable part of it. My colleague Vice-President M. Cheshin stated:
"The Extradition Law, in its essence, grants a seal of approval in internal law to the extradition convention, and it makes it - as the law says - an organ in Israeli law. The law refers us directly to the Convention, and this reference gives legal validity to Israel's relations with... [State] the Convention" ( The Feinberg case [8], at p. 63).
Israel has extradition treaties with a significant number of countries, and on December 10, 1962, an extradition treaty was signed between the Government of the State of Israel and the Government of the United States of America. The Convention has been invoked several times in the extradition of suspects from Israel to the United States, and vice versa.
- Procedures for the extradition of a person begin with the submission of an extradition request on behalf of the requesting state to the Minister of Justice, through diplomatic channels (Section 3(b) to the Extradition Law). In practice, the application is forwarded directly to the Department of Inter-Services Affairs.-National State Attorney's Office (Section B(1) To "Instructions for Procedure for Handling Extradition Requests" Attorney General's Guidelines 4.6000 (1.10.1973, updated 3.7.2002) (hereinafter - Advisor's Guidelines [148])). There, it is examined with regard to the question of whether it is capable of meeting the requirements set forth in the Extradition Law and the relevant Convention (section B(3)). Advisor's Guidelines [148]). If it is found that these requirements have been met, the Minister is requested to
The courts - by virtue of its authority by virtue of the Extradition Law - to order the submission by the Attorney General of a petition to the Jerusalem District Court, in order to examine whether the wanted person is eligible for extradition (section 3(b) of the Extradition Law; sections b(6) and b(7) of the Attorney General's instructions [148]). The law instructs that the district court will declare a person eligible for extradition if it is proven before it that the extradition request meets the requirements of the law (section 9(a) of the law). The decision of the District Court is subject to appeal before this Court (section 13 of the Law).