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Matter of Extradition of Demjanjuk

612 F. Supp. 544 (1985)

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Matter of Extradition of Demjanjuk

United States District Court for the Northern District of Ohio
612 F. Supp. 544 (1985)

Facts

John Demjanjuk (defendant) was born in the Ukraine but had been living in the United States as a naturalized citizen since 1958. In 1983, Israel requested extradition of Demjanjuk in order to charge him with committing war crimes and crimes against humanity. Specifically, Israel alleged that Demjanjuk had murdered Jews while working with the Nazis during World War II. An Israeli law passed to prosecute Nazis and Nazi collaborators gave Israel jurisdiction to hear these charges regardless of where the murders had occurred and even if Demjanjuk had no connection to Israel. Pursuant to the terms of an extradition treaty between the United States and Israel, the federal government filed a lawsuit in a federal district court seeking an order extraditing Demjanjuk to Israel. Demjanjuk objected that extradition was improper because Israel lacked jurisdiction to charge him, a noncitizen with no ties to Israel, with crimes that allegedly occurred entirely outside Israel. The district court considered the extradition request.

Rule of Law

Issue

Holding and Reasoning (Battisti, C.J.)

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