(4) The result, however, is that today it is possible to extradite a person who is a citizen and resident of Israel at the time of the commission of the offense for the purpose of judging him in the requesting country, and if he is sentenced to imprisonment and is returned to Israel to serve his sentence. I have described these things at length, since in the amendments to the Law from 1999 and 2001 and in determining the serving of the sentence in Israel, a significant part of the reasons underlying the moral difficulty that the legislature faced in the amendment of 5738 and afterwards was greatly dullified. If convicted, the detainee will be returned to serve his sentence in Israel and will eventually spend the rest of his sentence in his national and linguistic surroundings and in close proximity to his family members.
III. (1) I will briefly address the appellant's arguments, which my colleague discussed at length. Of course, they should not be taken lightly in light of the precedents on the issue of extradition: the appellant's counsel insisted on
The "classical" approach, which has found expression in many extradition cases, according to which a person should be tried at the place where the offense was committed, the "natural place" for his trial, and also in a place where his culture and language are familiar. However, this statement, of course, does not fully deal with cases in which a person commits an offense in a country other than his own. Indeed, in the Sheinbein case [44], President Barak insisted, albeit in the minority, that contrary to the reason presented in support of the citizenship restriction (such as the 1738 law), according to which a person's natural judges are in his own country and not in a country whose laws he is not aware of, the "natural judge" is the judge of the country in which he committed the offense (at p. 639). But our eyes see that the very fact that it is possible to determine here and there as to the "naturalness" of the judge speaks for it. In our case, therefore, we expand the definition of "the commission of the offense" by saying that in the world of the Idna, the place to which the offense is intended can be perceived as the place where it was committed. And their defeat on his side, or the appellant's consolation, is in his return to serve his sentence in Israel if he is convicted in the United States and sentenced to prison.