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In the Matter of the Extradition of Atta
Published online by Cambridge University Press: 01 January 2021
Abstract
Extradition — Political offence — Definition — Requirement that crimes be reasonably incidental to political upheaval — Terrorist attack against civilians travelling on commercial bus in Israeli occupied territory — Whether a political offence — Whether violation of the laws of armed conflict capable of constituting a political offence
Extradition — Conditions — Allegation that accused would be ill-treated if extradited — Whether matter for courts or Executive — Whether requirement that criminal justice system of requesting State conform with due process provisions of United States Constitution — European Convention on Human Rights, 1950, Article 3 — Whether presumption that Executive only lodging extradition request with court after having satisfied itself as to adequacy of criminal justice system of requesting State
Extradition — Double criminality — Jurisdiction — Whether crime would have been within jurisdiction of requesting State — Whether Israel having jurisdiction over crimes committed against Israeli nationals in territory occupied by Israel
Extradition — Procedure — Appeals — Whether government permitted to refile application for extradition when first application rejected — Doctrine of res judicata — Whether applicable to extradition proceedings — Function of the courts in extradition proceedings — Evidence — Whether disclosing probable cause — Evidence of accomplice — Extent to which accused entitled to challenge evidence adduced by requesting State
Jurisdiction — Executive — Consequences of illegal arrest — United States authorities allegedly forcing United States national to return to United States from Venezuela — Whether constituting violation of due process provisions of United States Constitution — Whether court lacking jurisdiction over persons involuntarily before it
Jurisdiction — Principles — Territorial principle — Passive personality principle — Protected State interest principle — Jurisdiction of Israel over crimes committed against Israeli nationals in occupied territories — Whether based on territorial principle
Relationship of international law and municipal law — Treaties — Interpretation by municipal courts — United States Constitution — Whether requirement that courts interpret treaty so as to reflect principles contained in United States Constitution — Extradition treaties — Whether courts prohibited from extraditing fugitive if facing treatment or procedures in requesting State which would violate due process provisions of United States Constitution
War and armed conflict — Laws of armed conflict — Scope of application — Application of laws of armed conflict to extradition proceedings — Political offence exception — Requirement that conduct should not violate laws of armed conflict — Terrorist attack on Israeli civilians in occupied territories — First Additional Protocol to the Geneva Conventions, 1977 — Non-ratification by United States — Whether provisions of Protocol I concerning protection of civilians included in laws of armed conflict for purposes of extradition proceedings — Difference between laws of armed conflict and “rules of engagement”
Relationship of international law and municipal law — Treaties — Due process provisions of United States Constitution — Whether incorporating international laws of war into United States law — Whether including rules contained in treaty to which United States not a party — First Additional Protocol to the Geneva Conventions, 1977
War and armed conflict — Occupied territories — Jurisdiction of occupying power — Jurisdiction of Israel over crimes committed against Israeli nationals in occupied territories
Sources of international law — Treaties — Relationship between treaties and customary international law — First Additional Protocol to the Geneva Conventions, 1977 — Whether provisions concerning protection of civilians declaratory of customary international law — The law of the United States
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- © Cambridge University Press 1997