International Arrest Warrant

An international warrant is a legal tool used to pursue individuals suspected of committing serious crimes who have crossed international borders. It allows one country to request others to arrest and extradite the suspects for further criminal prosecution. Arrest warrants are issued by national courts or international bodies, such as:

An international warrant is used in cases where an individual is suspected of committing serious international crimes, such as:

There are several types of international warrants, each with its unique features. For example, a Red Notice is an official request by Interpol for the temporary arrest of an individual pending extradition. Meanwhile, a European Arrest Warrant allows for the swift transfer of suspects or convicted individuals between EU countries. Let’s take a closer look at their purpose and main functions.

A Red Notice from Interpol is an official request by Interpol to locate and provisionally arrest an individual pending extradition. It’s not a warrant in the traditional sense, but it serves as a legal basis for temporarily detaining someone until further extradition proceedings can take place.

The main purpose of a red notice is to assist in identifying, apprehending, and extraditing individuals suspected of serious crimes:

Interpol issues a Red Notice at the request of a country’s law enforcement agencies that are seeking a suspect. There must be solid grounds for this: either a national warrant has been issued or there’s been a court decision.

After being published, the red notice becomes accessible to all Interpol member states, allowing police around the world to arrest someone suspected of the crime when located within their territories.

If the suspect is in another country, a police officer can detain them based on a red notice and start the extradition process in accordance with international agreements and national laws.

A Red Notice doesn’t require immediate extradition. It’s a tool for temporarily detaining someone until their case can be considered under international law. An Interpol Red Notice relies on the voluntary cooperation of member states, so detaining a suspect isn’t mandatory in every country.

The person named in the warrant has the right to appeal a red notice through Interpol’s Commission for the Control of Files if they believe it violates their rights or was issued for political reasons.

The European Arrest Warrant (EAW) is a legal tool designed to facilitate the arrest and extradition of individuals suspected or convicted of serious crimes between member states of the European Union. This procedure ensures swift and efficient extradition without the need for lengthy diplomatic negotiations.

The European Warrant applies to a wide range of crimes: terrorism, human trafficking, drug trafficking, murder, corruption, money laundering, and the like. This system is particularly effective in maintaining law and order within the context of free movement of people within the EU.

The European Arrest Warrant (EAW) focuses on criminal cases and cannot be dismissed for political reasons, which minimizes the potential for abuse of the extradition mechanism. Suspects have the right to legal assistance and the opportunity to appeal the outstanding arrest warrant if they believe it violates their rights.

Every EU member state has the right to issue a European Warrant for a person suspected of committing a crime or who has already been convicted if the crime is punishable by imprisonment for a term of not less than 12 months.

The warrant is automatically recognized by other EU member states. All EU countries are required to cooperate in its execution. Unlike traditional extradition, the European Arrest Warrant (EAW) has clear time frames: the arrested person must be handed over within 60 days of arrest.

Warrants from the International Criminal Court are intended to hold individuals suspected of the most serious international crimes accountable.

Arrest warrants serve not only a legal function but also a preventative one, as their existence can deter potential criminals from committing similar acts.

An arrest warrant is issued if there’s reasonable suspicion that an individual has committed a crime under the jurisdiction of the ICC. The ICC Prosecutor initiates the process, after which a judge or magistrate decides whether to issue the warrant. The arrest warrant is issued by a neutral judge or magistrate when there is probable cause to believe the crime has been committed by the defendant named.

Although the ICC has limited jurisdiction, its arrest warrants can be recognized internationally with the support of UN member states. Individuals for whom arrest warrants have been issued have the right to a fair trial at the ICC.

Suspects can challenge the legality of an international arrest warrant on several grounds:

When a state receives an arrest warrant, it independently decides whether to execute it. National courts may choose not to extradite the person due to legal obstacles, such as the principle of dual criminality or the doctrine of Non bis in idem (not being tried twice for the same offense). Additionally, there must be sufficient evidence to show the individual requested through the warrant committed the alleged crime.

Seeking political asylum can be an effective way to avoid extradition. A person can apply for asylum if they can prove that the arrest warrant was issued for political reasons, or that they face persecution or torture in their home country.

Defendants can reach out to international human rights organizations, such as the European Court of Human Rights (ECHR) or the Interpol Files Control Commission, to contest an arrest warrant or its enforcement.

Interpol uses an international messaging system, or so-called “notices,” to coordinate the efforts of law enforcement agencies from different countries in combating transnational crime. In addition to the Red Notice, which we examined in detail earlier, there are the following types of color-coded notices:

The right to a fair trial and legal defense is one of the cornerstone principles of modern international law. This right guarantees every individual the opportunity to defend themselves against accusations, access legal counsel, and be heard in an independent court. Regardless of the severity of the charges or the jurisdiction, the right to a fair trial remains an integral part of human rights and a vital safeguard against potential abuses by the state.

Protection from political persecution

Protection from political persecution is a fundamental aspect of the right to a fair trial. International conventions prohibit extradition if there is a risk that the individual will be prosecuted for political reasons. This safeguard prevents unlawful persecution and ensures that judicial proceedings are not misused as a tool of coercion or oppression.

Appeal mechanisms

Appeal mechanisms play a critical role in ensuring a fair trial. They provide an opportunity to review a verdict or court decision if errors were made or the defendant’s rights were violated. Both international and national bodies offer various appeal procedures, making the legal system more equitable and transparent.

How can our Interpol and International Warrants Lawyer help you?

Our skilled attorneys, specializing in international arrest warrants and Interpol notices, will provide high-quality legal support throughout every stage of the appeal or defense process.

Our lawyers will help you challenge an Interpol red notice that could be issued for your arrest and extradition. They’ll check the validity of the request and identify any possible violations. If needed, we’ll reach out to the Interpol Commission for the Control of Files to review the case and remove the notice.

Our team of professional attorneys will help you defend your rights, contest extradition, or minimize its consequences. We also provide support in negotiations with law enforcement to achieve the best possible outcome for our clients.

International arrest warrants can often be issued in violation of procedures or for political reasons. Our lawyers will carefully check the legality of the warrant and its compliance with international justice standards. If the warrant was issued improperly, we will prepare a defense to appeal this decision.

If you or someone close to you is facing an international arrest warrant or a red notice from Interpol, don’t hesitate to reach out – our lawyers are ready to provide professional assistance and protect your rights from the court appearance to the judgement.