1. Extradition only under this Law
No person present in Israel shall be extradited to another country, except in compliance with this Law.
1A. Restriction on the extradition of citizens
(a) If a person committed an extradition offense according to this Law, and if - when the offense was committed - he was an Israel citizen and an Israel resident, then he shall not be extradited unless the following two conditions are met:
(1) the purpose of the request for extradition is to put him on trial in the requesting state;
(2) the state that requests his extradition assumed in advance the obligation to return him to Israel, to serve his sentence here if he is found guilty and is sentenced to imprisonment.
(b) The provisions of subsection (a) shall not prevent the Israel citizen from waiving his return to the State of Israel in order to serve his sentence there.
(c) The provisions of section 10 of the Penal Law 5737-1977 shall apply, mutatis mutandis, to imprisonment in Israel under the provisions of this section.
2. Reciprocity
(a) In this law, an extradition offense is any offense which - if a person had committed it in Israel - would have made him liable to one year imprisonment or to a more severe penalty.
(b) Notwithstanding the provisions of subsection (a), if a person was declared extraditable because of at least one extradition offense, then he may also be extradited for an offense that is not an extradition offense.
2A. Conditions for extradition
(a) It is permissible to extradite a person from the State of Israel to another state if all the following conditions have been met:
(1) there is an agreement between Israel and the requesting state on the extradition of offenders;
(2) the person was accused or found guilty of an extradition offense in the requesting state (hereafter: wanted person).
(b) The State of Israel shall maintain reciprocity on questions of extradition, unless the Minister of Justice decided otherwise.
(c) For purposes of this Law - "agreement" - a bilateral agreement or a multilateral convention, including any of the following:
(1) an agreement or convention that is not devoted to the extradition of offenders, but includes provisions on this matter;
(2) a special agreement conducted by the State of Israel and the requesting state on the extradition of a wanted person, in accordance with the provisions of this Law;
"the requesting state" - each of the following:
(1) a state that request that a person be extradited to it in order to put him on trial, in order to sentence him or so that he will serve a prison sentence imposed on him;
(2) an International Tribunal, as specified in Part One of the Schedule, which requests that a person be handed over to it in order to put him on trial, in order to sentence him or in order to decide where that person shall serve the penalty imposed on him by the Tribunal;
(3) another political body, as specified in Part Two of the Schedule;
"liable to punishment" - includes a person on whom judgment was pronounced, but who has not yet been sentenced.
2B. Restrictions on extradition
(a) A wanted person shall not be extradited to a requesting state in any of the following cases:
(1) the extradition request was submitted in respect of an offense that is political in nature, or it was submitted in order to accuse the wanted person for an offense that is political in nature or to punish him for it, even if his extradition is not requested because of the said offense;
(2) there are reasons to suspect that the extradition request was submitted out of discrimination because of the wanted person’s race or religion;
(3) the extradition request was submitted because of a military offense that is one of the following:
(i) an offense of which a person can be guilty only if he was a soldier when he committed it;
(ii) an offense in violation of security service statutes;
(4) the wanted person was put on trial in Israel for the offense, in respect of which his extradition is requested, and he was found innocent or guilty;
(5) the wanted person was found guilty in another state of the offense, in respect of which his extradition is requested, and he served his sentence or the remaining part thereof in Israel;
(6) the extradition request was submitted in respect of an offense, on which the statute of limitations has run out or the statute of limitations has run out on the penalty imposed on him therefor under the laws of the State of Israel;
(7) the extradition request was submitted in respect of an offense, in respect of which the wanted person was pardoned in the requesting state;
(8) acceding to the extradition request is liable to violate the public order or a vital interest of the State of Israel.
(b) For the purposes of subsection (a) (1) any of the following shall not be deemed an offense that is political in nature:
(1) an offense, in respect of which the two states undertook, in a multilateral convention, to extradite;
(2) murder, manslaughter or causing sever injury;
(3) false imprisonment, kidnapping or taking hostages;
(4) sex offenses under sections 345, 347 or 348(a) and (b) of the Penal Law 5737-1977;
(5) preparing or keeping weapons, explosives or other destructive material, or using any weapon or material, all in order to endanger human lives or to cause severe property damage;
(6) causing property damage in order to endanger lives;
(7) conspiring to commit any of the offense specified in paragraphs (1) to (6).
