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trial, and not in the extradition process. Simply identifying Demjanjuk does not make him extraditable, the requirement of criminality has to be met as well. Concerning the requirement of criminality the Stanford Journal of Law said the following: The rule of dual criminality generally provides that extradition may be had only for acts extraditable by treaty and considered criminal in both the requested and requesting jurisdictions...Since sovereigns rarely define crimes using identical phrases and since treaty terms may be ambiguous or out of date, a substantial jurisprudence has developed interpreting and applying the requirement of criminality.

7) In the case of Demjanjuk Israel was charging him with 'the crimes of murdering Jews, [which are] offenses under sections 1 to 4 of the Nazi and Nazi Collaborators (Punishment) Law.'

8) The precise phrase, 'murdering Jews,' is not mentioned in the United States-Israel Extradition Treaty, also the previously mentioned phrase does not exist in current American penal statute. But, according to the American rule of dual criminality a way away around this small detail can be found: The law does not require that the name by which the crime is described in the two countries shall be the same; nor that the scope of the liability shall be coextensive, or, in other respects, the same in the two countries. It is enough if the particular act charged is criminal in both jurisdictions.

9) It is clear to see that the previously mentioned American rule on dual criminality gives the United States the option of recognizing 'murdering Jews' as simply to mean 'murder.' Therefore, the requirement of dual criminality in the case of John Demjanjuk is satisfied. The issues of identification and probable cause, along with the requirement of criminality help to demonstrate the complexities involved in the extradition process. Two more brief issues to consider regarding Demjanjuk's extradition are the questions of extraterritoriality and extra temporality.

Extraterritoriality in relation to the case of Demjanjuk would have only been an issue had another country along with Israel requested the extradition of John Demjanjuk. In the case where two countries are requesting the same individual the Secretary of State would have to weigh the various forums' contacts in order to determine which request to honor. Israel has unofficially been recognized as the desirable nation for bringing Nazi war criminals to trial. Germany, Poland, and the U.S.S.R., for example, all waived their potential requests for the extradition of Eichmann in favor of trial by Israel. (Lubet and Reed 44-45)

In the matter of extratemporality, the trial judge presiding over the Demjanjuk case ruled that murder was not barred by lapse of time because the United States recognizes no statue of limitations for that offense. (Lubet and Reed 58) Even if murder were to be barred by lapse of time Demjanjuk could still have been extradited because of his misrepresentation of his wartime activities during his immigration process. Demjanjuk could have then been viewed as fleeing from jus本论文由英语论文网提供整理，提供论文代写，英语论文代写，代写论文，代写英语论文，代写留学生论文，代写英文论文，留学生论文代写相关核心关键词搜索。