Less than the weight of domestic criminality. This is a dangerous phenomenon for the state, which requires a response and weapons on the punitive level" (ibid. [127]).
The current perception is that criminal law no longer looks only at what is happening at home. It plays an important part in the constant interactions that each legal system maintains with its peers. The legal system does not operate in a vacuum. It is committed to some degree of responsibility towards other methods. Indeed, as the Supreme Court of Canada held in Libman v. The Queen, [1985] [121], at p. 214: “In a shrinking world, we are all our brother’s keepers”. It is true that such liability has not yet been embedded in customary international law, but it is expressed in the contractual law between states, and at the same time it must be used in the internal principles that guide each state in interpreting its laws. Not only is the seclusion of a state within the narrow boundaries of its sovereignty inappropriate for being a member of the community of civilized nations, but it is also liable to have a severe result even in terms of its own internal interest.
Preventing Evading the Law
- One of the main goals of the aforementioned cooperation is to prevent the evasion of the law of offenders who committed an offense in one country and fled to another country, and the latter has no connection to the offense or is unable to bring them to justice for other reasons. This is what he did Judge Adiel In Parashat Financing-Cohen [45], p. 58:
"The extradition process, as a component of the criminal law enforcement system, is intended to establish inter-state cooperation that will enable the extradition requesting state to apply its criminal law to its underlying purposes and to ensure that fugitive criminals do not thwart the objectives of criminal law by fleeing to the territory of other countries."
Bassiouni and Wise also discussed this in their book:
“Extradition is a means for making sure that the purposes which are thought to be served by having a system of criminal law are not frustrated by the ability of putative wrongdoers to slip out of the country and obtain asylum abroad. It helps to ensure that criminals do not escape the punishment they deserve, that the preventive,