United States of America
Practice Relating to Rule 158. Prosecution of War Crimes
Section B. Granting of asylum to suspected war criminals
In the
Demjanjuk case in 1985, proceedings before the US Court of Appeals led to the revocation of the citizenship of the accused who was subsequently extradited to stand trial in Israel on accusations of having committed war crimes during the Second World War.
The Report on US Practice states:
Over the last 20 years, the US Department of Justice has engaged in extensive investigations and litigation to denaturalize and expel war criminals from the Second World War era. It has also sought to exclude such persons from entry into the United States.
The report concludes: “This reflects a broader
opinio juris that no nation should provide sanctuary to persons guilty of war crimes.”