And what are those considerations? Although the list does not appear to be exhaustive, the following can be enumerated: the nature of the act for which extradition is requested, including the appropriate enforcement policy in its context; the degree of connection between the act and the legal systems of the requesting state and the requested state; the fulfillment, in a particular case, of the requirements of extradition laws, including those in contractual law; the ability to ensure, to the person whose extradition is requested, the existence of a fair legal process in the requesting state; the public interest in the question of extradition and the proper balance between it and the constitutional right of a person not to be Framed; Considerations concerning Israel's status, sovereignty, and international relations, including considerations of reciprocity. I will therefore proceed to an examination of the parasha before us in light of these considerations, and not necessarily according to the order in which you have just brought.
Application of the Penal Laws
- One of the foundations of criminal law, apart from the element of the act and the applicability of time, is the applicability from the point of view of the place. I mean both the application of the substantive local law and the existence of jurisdiction for the courts. In criminal cases, jurisdiction is always a result of the application of the law, in the sense of the rope that follows the bucket. It is difficult to reconcile the possibility that a judicial instance in one legal system will apply to a matter before it a substantive criminal law of another system (see: Criminal Appeal 135/70 State of Israel v. Aziza (hereinafter - Parashat Aziza [21]), p. 419; Criminal Appeal 7230/96 Anonymous v. State of Israel (hereinafter - Parashat Criminal Appeal 7230/96 Anonymous [22]), p. 521. And also: S.Z. Feller "'Criminal Jurisdiction: Boundaries and restrictions' - If and where are they" (hereinafter - Feller "Criminal Jurisdiction") [130]), p. 586; M Narrators of the Impact of the Choice of Law Procedure On International Jurisdiction [126], p. 168).
It is clear that the legal system cannot, and does not seek to, apply to every action in the world. It is therefore customary to demand, as a condition for applicability, the existence of a connection between the legal system and the act being examined. This connection is a "link link" or a "normative bridge" in the words of my colleagues