On February 23rd, Samuel Sheinbein, a prisoner at Rimonim Prison in Israel, shot at prison guards with a gun he smuggled into the in the Israeli prison, Rimonim. The assault came to an end when Sheinbein was fatally shot by other prison guards. Sheinbein, born in the United States, had been serving a 24-year sentence in Israel for a murder he committed in the United States in 1997. After fleeing to the U.S., an Israeli court found Sheinbein guilty of the murder and sentenced him to the 24 years in prison. This case raises the question of how could an American citizen stand trial in Israel and serve time in an Israeli prison for a crime he committed in the United States.
As background to the case, Sheinbein was 17 years old and living in the United States when he fled to Israel in 1997 shortly after murdering Freddy Tello. As a suspect in the homicide investigation, American authorities requested Sheinbein’s extradition from Israel to the U.S. However, Israel’s Supreme Court rendered Sheinbein non-extraditable since he became eligible for Israeli citizenship due to his Israeli-born father. (S.Sheinbein v. State Attorney General, Criminal Appeal, 6182/98). At the time, no Israeli law existed to allow the extradition of Israeli citizens, but rather, expressly forbade it.
When Sheinbein’s case was before the court, the existing extradition laws were defined in Israel’s Extradition Law of 1954. Originally, this law did not address the issue of Israeli citizens abroad fleeing (to Israel) from criminal prosecution. It was only in 1978 that a new amendment to section 1 of the Extradition Law was enacted that prevented the extradition of Israeli citizens, regardless of whether they were Israeli residents. Then prime minister, Menachem Begin, was one of the primary advocates for the implementation of this amendment, aptly named, “Tikun Begin.”
Based on Tikun Begin, Sheinbein had a strong case to present against extradition, and ultimately, the Israeli Supreme Court held that Sheinbein was not extraditable. Although Sheinbein was not born in Israel and never lived in Israel, he was able to acquire Israeli citizenship because of his father’s Israeli origin. Further, another amendment to Israel’s criminal law, also issued in 1978, had broadened the Israeli Courts’ jurisdiction on crimes committed abroad by Israeli residents or citizens. (Section 15a of Israel’s Criminal Law of 1977). Hence, Israeli prosecutors were able to prosecute Sheinbein in an Israeli Court, where he was convicted and sentenced to prison for the murder he committed in another country.
The Sheinbein case opened an important discourse on Israel’s extradition laws and the State’s international responsibility. In 2001, Israel’s Extradition Law, section 1, was further amended to allow the extradition of Israeli citizens and/or residents, under special requirements, who have been accused of committing crimes abroad. The law appears to have been specially crafted so Israel would no longer became a refuge for Israeli criminals worldwide, who stand accused of committing heinous crimes, especially those such as Sheinbein, with a tenuous connection to Israel.
As background to the case, Sheinbein was 17 years old and living in the United States when he fled to Israel in 1997 shortly after murdering Freddy Tello. As a suspect in the homicide investigation, American authorities requested Sheinbein’s extradition from Israel to the U.S. However, Israel’s Supreme Court rendered Sheinbein non-extraditable since he became eligible for Israeli citizenship due to his Israeli-born father. (S.Sheinbein v. State Attorney General, Criminal Appeal, 6182/98). At the time, no Israeli law existed to allow the extradition of Israeli citizens, but rather, expressly forbade it.
When Sheinbein’s case was before the court, the existing extradition laws were defined in Israel’s Extradition Law of 1954. Originally, this law did not address the issue of Israeli citizens abroad fleeing (to Israel) from criminal prosecution. It was only in 1978 that a new amendment to section 1 of the Extradition Law was enacted that prevented the extradition of Israeli citizens, regardless of whether they were Israeli residents. Then prime minister, Menachem Begin, was one of the primary advocates for the implementation of this amendment, aptly named, “Tikun Begin.”
Based on Tikun Begin, Sheinbein had a strong case to present against extradition, and ultimately, the Israeli Supreme Court held that Sheinbein was not extraditable. Although Sheinbein was not born in Israel and never lived in Israel, he was able to acquire Israeli citizenship because of his father’s Israeli origin. Further, another amendment to Israel’s criminal law, also issued in 1978, had broadened the Israeli Courts’ jurisdiction on crimes committed abroad by Israeli residents or citizens. (Section 15a of Israel’s Criminal Law of 1977). Hence, Israeli prosecutors were able to prosecute Sheinbein in an Israeli Court, where he was convicted and sentenced to prison for the murder he committed in another country.
The Sheinbein case opened an important discourse on Israel’s extradition laws and the State’s international responsibility. In 2001, Israel’s Extradition Law, section 1, was further amended to allow the extradition of Israeli citizens and/or residents, under special requirements, who have been accused of committing crimes abroad. The law appears to have been specially crafted so Israel would no longer became a refuge for Israeli criminals worldwide, who stand accused of committing heinous crimes, especially those such as Sheinbein, with a tenuous connection to Israel.
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