Branko Karadzole, Consul General of the Federal People's Republic of Yugoslavia, and Robert W. Ware, United States Marshal v. Andrija Artukovic

This is a case of first impression involving extradition of an alleged World War II war criminal. Rafo Ivancevie, Consul General of the Federal People’s Republic of Yugoslavia, in August, 1951, filed, with the United States Commissioner at Los Angeles, California, a formal request upon behalf of his country that an order issue for the extradition of appellee Andrija Artukovic, alias Alois Anich, Lo Yugoslavia, in which country a warrant is outstanding for his arrest as a fugitive charged with the crime of murder. An amended complaint was filed October 15, 1951. The Commissioner ordered Artukovic held by the United States Marshal, and Artukovic thereupon petitioned the District Court for the issuance of the writ of habeas corpus praying that the court order his release. Artukovic attacked the jurisdiction of the proceedings on two grounds: i. e., that the charge against him was of a political nature and therefore was not an extraditable offense, and that no treaty of extradition existed between the United States and Yugoslavia. After a hearing, the District Court held that the extradition treaty of 1902 between the United States of America and the Kingdom of Servia (Serbia) was not…