Non-Extradition of Israeli Nationals and Extraterritorial Jurisdiction: Reflections on Bill No. 1306

Abstract

Bill No. 1306 of 25 July 1977 would amend the Extradition Law of 1954 so as to preclude entirely the possibility of extraditing to foreign States any nationals of Israel. Sec. 1 of the Extradition Law would be replaced by the following section: “A person who is in Israel may only be extradited to another State if he is not an Israeli national and only in accordance with this Law”. A (majority) report of a committee established by the Minister of Justice and chaired by Judge Nathan proposed in October 1976 to amend the Extradition Law so that in the future Israeli nationals would be extradited only to States which extradite their nationals to Israel. The Committee proposed also that Israeli courts be granted jurisdiction to try, under Israeli law, Israeli nationals who have committed abroad offences covered by the Extradition Law. A minority recommendation submitted by Judge Nathan proposed that a total prohibition be imposed on the extradition of Israeli nationals. The Government Bill is based on the recommendation of Judge Nathan. The object of this article is to consider some of the questions to which this Bill gives rise.