Israel Extradition Law — Case Law, Legal Framework and Procedure
Extradition cases involving Israel — Requested and Requesting State
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Case Law
Extradition habeas review is limited to jurisdiction, treaty coverage and probable cause
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Summary
The petitioner challenged the certification of his extraditability to Israel, where he was sought for prosecution for attempted murder and related offences arising from an alleged organized-crime plot. He argued that the extradition court lacked jurisdiction because United States authorities had secured his transfer from Malaysia through deception and unlawful conduct, and further claimed that the evidence submitted by Israel did not establish probable cause. The District Court held that, under the Ker–Frisbie doctrine, even an irregular or unlawful rendition does not ordinarily deprive a court of jurisdiction, absent conduct comparable to the extreme torture or brutality contemplated by the narrow Toscanino exception. It also found that the United States–Malaysia extradition treaty did not apply because the petitioner had not been transferred pursuant to that treaty and concluded that the evidentiary record was sufficient to support probable cause. The habeas petition and the request for a stay pending appeal were therefore denied, subject to a one-week administrative stay allowing an application to the Court of Appeals.
29/06/2026 · United States District Court for the Southern District of New York · 25-CV-05712 (JAV), 2026 WL 1864974
🇺🇸United States → 🇮🇱Israel
GrantedExtraditionFailure to send documents (attached to the request of extradition) within 40-day time limit and revocation of precautionary measure
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Summary
The requested person was placed under precautionary custody in Italy pursuant to Article 715 of the Italian Code of Criminal Procedure in connection with an extradition request submitted by a foreign State. The defence challenged the lawfulness of the custodial measure, arguing that the requesting State had failed to transmit the underlying arrest warrant within the mandatory 40-day period provided by the European Convention on Extradition and Italian procedural law. The Italian Supreme Court of Cassation annulled a previous decision rejecting the revocation request and remanded the matter to the Court of Appeal for verification of the timely transmission of the foreign arrest warrant. On remand, the Milan Court of Appeal found that the relevant arrest warrant had only been transmitted several months after the arrest of the requested person and therefore outside the statutory deadline. The court consequently revoked the precautionary custodial measure and ordered the immediate release of the requested person.
03/06/2025 · Court of Appeal of Milan · /
🇮🇹Italy → 🇮🇱Israel
Decision on precautionary measureExtraditionRevocation of the measure due to the failure to receive the domestic custodial order at the basis of the arrest
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Summary
Extradition is permissible only if the request is accompanied by the judicial decision constituting the legal basis of the request; therefore, regardless of the procedural stage that gave rise to it, the continuation of a precautionary measure beyond 40 days is never allowed in the absence of the documents required under Article 700 of the Italian Code of Criminal Procedure and Article 12(2) of the European Extradition Convention, in particular the foreign judicial order imposing the custodial measure.
15/04/2025 · Italian Supreme Court · 18594/2025
🇮🇹Italy → 🇮🇱Israel
Rejected (procedural grounds)ExtraditionCountry Contributor
Raphaël Dokhan
Raphaël Dokhan Avocat
Raphaël Dokhan is a criminal defence lawyer admitted to both the Paris Bar and the Israel Bar, with a practice centred on the intersection of French and Israeli criminal justice systems.
He advises and represents clients in extradition proceedings between France and Israel, international arrest warrants, enforcement of foreign criminal judgments, mutual legal assistance, and all forms of cross-border judicial cooperation.
His work encompasses both incoming and outgoing extradition requests, parallel criminal proceedings across jurisdictions, and the procedural safeguards available to individuals facing transnational enforcement. Raphaël holds a Master's degree in private law from Paris I Panthéon-Sorbonne University.
He practised for several years at a firm admitted before the French Cour de cassation, where he contributed to proceedings before the Criminal Chamber of the Cour de cassation, the Constitutional Council, and the European Court of Human Rights. In 2010, he won the advocacy competition of the Bar of the Cour de cassation and was elected Premier Secrétaire of the Conférence des avocats au Conseil d'État et à la Cour de cassation — one of the most prestigious distinctions in French advocacy.
In Israel, he gained experience within the Criminal Department of the State Attorney's Office before the Supreme Court and is appointed as a legal expert in criminal law by Israeli judicial authorities. He has taught criminal law and criminal procedure at Paris I Panthéon-Sorbonne University and at the Master's programme of Paris-Est University.
Raphaël Dokhan offers clients a rare combination: deep fluency in both French and Israeli criminal procedure, and first-hand experience on both sides of the extradition process.
He advises and represents clients in extradition proceedings between France and Israel, international arrest warrants, enforcement of foreign criminal judgments, mutual legal assistance, and all forms of cross-border judicial cooperation.
His work encompasses both incoming and outgoing extradition requests, parallel criminal proceedings across jurisdictions, and the procedural safeguards available to individuals facing transnational enforcement. Raphaël holds a Master's degree in private law from Paris I Panthéon-Sorbonne University.
He practised for several years at a firm admitted before the French Cour de cassation, where he contributed to proceedings before the Criminal Chamber of the Cour de cassation, the Constitutional Council, and the European Court of Human Rights. In 2010, he won the advocacy competition of the Bar of the Cour de cassation and was elected Premier Secrétaire of the Conférence des avocats au Conseil d'État et à la Cour de cassation — one of the most prestigious distinctions in French advocacy.
In Israel, he gained experience within the Criminal Department of the State Attorney's Office before the Supreme Court and is appointed as a legal expert in criminal law by Israeli judicial authorities. He has taught criminal law and criminal procedure at Paris I Panthéon-Sorbonne University and at the Master's programme of Paris-Est University.
Raphaël Dokhan offers clients a rare combination: deep fluency in both French and Israeli criminal procedure, and first-hand experience on both sides of the extradition process.
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Extradition proceedings involving Israel
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