Questions
1. Why did the US extradite Demjanjuk to Israel? Why not deport him to the USSR in the early- or mid-1980s? Why not try him in the US?

Q: What crime did Demjanjuk commit in the US?	-lied on citizenship applic. -hid his participation in "war crimes"
Q: What is "extradition"? Q: What are the conditions of an extraditable crime?	the surrender by one state (A) to another (B) of an individual accused or convicted of an offense which occurred within the jurisdiction of B. B must be competent to try and must formally request the surrender.
Q: What is "deportation"?	banishment of an individual to a foreign country, esp to a country from which he came, because his presence is "inconsistent with public welfare". The banishment means loss of civil rights and personal property. No punishment need be imposed or contemplated.
Q: What crime did the Israelis argue Demjanjuk committed?	Crimes against Humanity and war crimes
Q: When did he commit them?	from 1942-1945, after his capture by German soldiers
Q: What are "war crimes" or "crimes against humanity"?	"War Crimes" is an umbrella term encompassing three classes of crime: Crimes Against Peace (initiating war), War Crimes per se (violation of the rules of war, such as poor treatment of prisoners and civilians, bombing of hospitals, etc), and Crimes Against Humanity (notably genocide). The "Charter" inaugurating the Nuremburg Trials introduced these distinctions (see WFD'Amato, Basic Documents, 2.5)
Q: When were these laws established?	Crimes Against Peace and War Crimes are long-standing elements of international law. Crimes Against Humanity were introduced after WW2 in the Nuremburg Trials Charter.
Q: By what or whom were these laws established?	Crimes against Humanity were pursued partly by the Allied victors; partly by the UN, which was inaugurated in 1945.
Q: When was Israel established?	1948
Q: Why should Israel acquire jurisdiction over Demjanjuk?	Good question!!
Q: What should the Israeli Supreme Court have decided? Why?	requires arguments and rationales by students (see below).

GOALS:

• discern "states" (as actors, sovereignty, competition, cooperation)
• discern "jurisdiction" (international law, intl rules, intl norms, intl values, intl order, authority)
• discern UN (intl organizations)

• discern "capitalism"
• discern "industrialization" and "indus relations"
• discern "constitutionalism" (UN as a unique intl organization)

2. What decision would you have recommended to the Israeli Supreme Court?

Q: what are the options?

Q: if convicted, for what crime will he be convicted?

Q: if freed, for what reasons will he be released?

Q: if released, where would Demjanjuk go?

Q: if released, could he return to the US? Be deported to the USSR? Tried in US?

For each question ask yourself "what do I need to know to answer?" Begin by preparing a list or chart of the key actors in this case. What is each doing (how behaving)? What are the motives?

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