Moreover, on the basis of the principle of reciprocity in which I spoke above, respect for the sovereignty of the state is also ensured where it will seek extradition in the future. This is what Justice Landau said in the Peschowitz case [14], at p. 455:
"... []Essentially, the principle of reciprocity was not created for the sake of the accused or convicted citizen, but for the sake of states as bearers of rights and obligations in international law, whether this principle is seen as validating the sovereignty of states, or whether it is seen as an instrument for streamlining the fight against international crime" (my emphasis - 1:30).
The Extradition Law therefore seeks as one of its purposes to give the state the possibility, on the basis of its sovereign power, to waive the application of its laws where it deems it justified.
Special Protection for the Citizens and Residents of Israel
- I noted earlier that granting an extradition request in the case of a person who was an Israeli citizen and residency at the time of the act attributed to him is currently contingent on the undertaking of the requesting state that if he is convicted and sentenced to prison, he will return to Israel for the purpose of serving his sentence there.Section 1A(a)(2) to the Extradition Law). It is therefore clear that The Extradition Law He wishes to grant special protection to those whose extradition is requested and he maintains an active personal connection to the State of Israel.
The essence and scope of this protection can be learned from the incarnations that the Extradition Law has undergone in recent years. The defense was added to the law in 1978 (amendment to the Extradition Law in section 2 of the Foreign Offenses Amendment Law, 5738-1978), but originally it was considerably broader. This is how it was stipulated in Section 1A of the Law, as it was drafted at the time: "An Israeli citizen shall not be extradited except for an offense he committed before he became an Israeli citizen." The rationale on which the extradition reservation was based was the fear that Israeli citizens would be abandoned to unjust trials in foreign countries, especially on the basis of their origin and national affiliation. MK M. Begin, who headed the bill's proposals, explained this: