HomeInternational Arrest Warrant
An international arrest warrant is a legal tool for detaining and extraditing individuals suspected of committing serious crimes. The main goal is to ensure justice at an international level by apprehending those who attempt to evade prosecution abroad.
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What is an International Arrest Warrant?
An international arrest 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:
- The International Criminal Court (ICC), which prosecutes individuals for genocide, war crimes, and crimes against humanity;
- Interpol, which issues Red Notices, effectively requests for international search and arrest.
An international arrest warrant is used in cases where an individual is suspected of committing serious international crimes, such as:
- Terrorism;
- War crimes;
- Crimes against humanity;
- Organized crime.
Types of International Arrest Warrants
There are several types of international arrest 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.
Interpol Red Notices
A Red Notice from Interpol is an official request by Interpol to locate and provisionally arrest an individual pending extradition. It’s not an arrest 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.
- Terrorism;
- Murders;
- Human trafficking;
- Corruption and financial fraud;
- Cybercrime
- War crimes.
How does Interpol’s Red Notice work?
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 arrest 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 law enforcement agencies around the world to detain suspects located within their territories.
If the suspect is in another country, authorities 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.
Suspects have 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.
European Arrest Warrant (EAW)
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 Arrest 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 warrant if they believe it violates their rights.
How does EAW work?
Every EU member state has the right to issue a European Arrest 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 suspect must be handed over within 60 days of arrest.
International Criminal Court (ICC) arrest warrants
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 judges decide whether to issue the warrant.
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.
What is the purpose of International Arrest Warrants?
The main purpose of an international arrest warrant is to arrest and bring to trial individuals suspected of committing serious crimes. They contribute to global justice by creating a system for countries to cooperate in the fight against crime. This mechanism allows for the extradition of crime suspects, even if they are outside the jurisdiction of the country issuing the warrant.
Arrest warrants help maintain international law and order by fostering cooperation between countries to detain individuals who pose a threat to global security and peace.
They also serve a preventative function. Their existence demonstrates that the international community is firmly committed to combating impunity.
Arrest warrants are part of international agreements and treaties, such as the European Arrest Warrant (EAW) or the Rome Statute of the International Criminal Court (ICC). These mechanisms help in coordinating efforts between countries to effectively combat cross-border crime.
Legal Basis for International Arrest Warrants
One of the key legal foundations for international arrest warrants is the Rome Statute of 1998, which established the International Criminal Court (ICC).
The ICC has the authority to issue international arrest warrants for individuals suspected of committing serious crimes. All states that have ratified the Rome Statute are obligated to cooperate with the ICC and enforce the court-issued warrants.
The European Arrest Warrant is a legal mechanism that operates within the European Union, based on the Council Framework Decision 2002/584/JHA of the EU. Arrest warrants can be issued based on resolutions from the United Nations Security Council.
Many international warrants are based on extradition agreements between countries. These agreements establish the legal framework for the transfer of suspects between nations.
The fundamental principles of extradition agreements include:
- Adherence to the principle of dual criminality;
- Guarantees of human rights protection and fair judicial process.
Countries can issue international arrest warrants based on their own laws when a crime is of an international nature. In such cases, a country may request extradition from other nations or use Interpol mechanisms to issue a Red Notice for the suspect.
How to evade International Arrest Warrants?
Suspects can challenge the legality of an international arrest warrant on several grounds:
- The arrest warrant is based on insufficient or unconvincing evidence;
- The order is issued for political reasons or used to pursue someone for purposes other than criminal;
- The suspect claims that his fundamental rights may be violated.
When a state receives an arrest warrant, it independently decides whether to execute it. National courts may choose not to extradite the suspect 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).
Seeking political asylum can be an effective way to avoid extradition. A suspect 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.
Suspects 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.
What types of Interpol notices exist?
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:
- Blue notice: Used to gather information about a person who is subject to an international search, but does not imply their arrest. This allows Interpol member countries to determine the suspect’s whereabouts, establish their identity, or collect additional information.
- Green Notice: Issued to alert law enforcement agencies about the potential danger posed by an individual previously convicted of serious crimes.
- Yellow notice: used to locate missing persons or to identify individuals who are unable to provide information about themselves due to health conditions or other circumstances.
- Black notice: Intended for gathering information about the bodies of individuals whose identities have not been identified. This notice helps in exchanging information about unidentified bodies.
- Orange Alert: Issued to warn about events, objects, or individuals that could pose a serious threat to safety. This may involve explosive devices, chemical or biological weapons, as well as any other dangerous objects or materials that could be used for criminal activities.
- Purple Notice: Used to share information about new methods, operations, or vehicles used in committing crimes.
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.
