Hempel and Another v. Attorney-General

Abstract

Extradition — General — Nature of obligation — Reciprocity — Extradition Treaty between Australia and Israel — Attorney-General’s decision to surrender fugitives — Applicability of domestic law — Israeli law prohibiting extradition of nationals — Whether removing element of reciprocity — Whether reciprocity required in extradition of nationals — Extradition (Foreign States) Act 1966 (Commonwealth)

Treaties — Termination — Effects of breach of treaty — Obligations of States — Extradition Treaty between Australia and Israel — Alteration to domestic law of Israel prohibiting extradition of nationals — Whether withdrawal of a fundamental obligation — Whether reciprocity of obligations required — “Colourable treaty” doctrine — The law of Australia