International Arrest Warrant

What types of international arrest warrants exist?

International arrest warrants are classified based on their purposes, issuing authorities, and jurisdictions. Let’s consider the most common 3 types of warrants and their characteristics:

Interpol Red Notice

An Interpol Red Notice is an official request for the international search and arrest of a person who has fled to avoid criminal punishment. It serves as an effective tool for exchanging information between Interpol member states. However, it doesn’t have the legal force of an arrest warrant and is only used as a basis for detention in countries where that’s provided at the legislative level.

The process of Issuing an Interpol Red Notice

The process of issuing an Interpol red notice starts when the national law enforcement agencies of a member country submit a request through the National Central Bureau (NCB). This request is accompanied by legal documents confirming the existence of an arrest warrant, and Interpol analyzes whether the request complies with the organization’s rules and international norms. For example, an Interpol Red Notice cannot be issued for political, military, religious, or ethnic purposes.

After the request is approved by the General Secretariat, the red notice is distributed to all Interpol member countries through a secure communication network. These notices are only issued for serious criminal offenses like murder, terrorism, illegal drug trafficking, labor and sexual exploitation, large-scale economic crimes, among others. An important condition is that the crime must be punishable by imprisonment for a term of not less than 2 years.

A Red Notice contains the following information:

• Personal information of the individual sought: Full name, date and place of birth, citizenship, description of physical characteristics (height, weight, tattoos, and other distinguishing marks), photographs;
• Crime details: description of the offense, date and location of the crime, other important details;
• Legal information: national arrest warrant number, legal classification of the crime, description of the prescribed punishment;
• Additional information: potential connections of the person sought with other suspects, special instructions for law enforcement agencies.

Legal consequences of an Interpol Red Notice

While an Interpol Red Notice isn’t essentially an arrest warrant, these alerts have serious legal consequences for the individuals sought after. Immediate legal consequences include the risk of arrest and detention in your country of residence, pending extradition proceedings based on the existing treaties.

Having an Interpol Red notice also complicates international travel as it can lead to detention and secondary inspection by border control officials. In some cases, these notices can have serious financial consequences, like freezing of assets and bank accounts for individuals named.

Facing an Interpol Red Notice?

Our experienced Interpol Lawyers move fast to help you challenge, suspend, and remove Red Notices, protecting your reputation, freedom, and ability to travel. Contact us today before your time elapses!

European Arrest Warrant (EAW)

The European Arrest Warrant (EAW) is a streamlined mechanism for the transfer of fugitives between European Union member states. It was implemented in 2004 as part of the EU Council’s Framework Decision to enhance cooperation in the area of justice. The EAW allows EU countries to efficiently pursue suspects or individuals convicted of crimes through their swift and simplified extradition.

The main goals of implementing the EAW:

• Speeding up the extradition process between EU countries.
• Enhancing cooperation in combating international crime;
• Ensuring transparency and standardization of procedures;
• Eliminating bureaucratic barriers and the need for lengthy diplomatic negotiations.

The Process of Issuing a European Arrest Warrant

The process of issuing a European Arrest Warrant (EAW) consists of several stages:

• A judicial authority in the requesting member state identifies the need to apprehend a suspect for criminal prosecution. The crime must be punishable by at least 12 months’ imprisonment for prosecution.
• The order is transmitted through the Europol Secretariat or the European Judicial Network (Eurojust). Its receipt is automated using the SIS II system (Schengen Information System).
• The European Arrest Warrant is transmitted directly to the judicial authority of the member country where the individual is located, bypassing traditional diplomatic channels.
• The requested country receives the EAW and orders a person’s arrest if the request meets the right conditions.
• The decision on executing an EAW (European Arrest Warrant) is made within 60 days after the arrest of the wanted person. In urgent cases, this period can be reduced to 10 days.
• Once the executing court makes the final decision on surrendering the individual, the person is transferred to the requesting state within 10 days.

Legal Consequences of a European Arrest Warrant

Similar to an Interpol Red Notice, the main legal consequence for an EAW is the mandatory detention and surrender of a suspect to the requesting EU member state for prosecution. However, this process is facilitated through direct judicial contact and bypasses the traditional extradition process, expediting the surrender.

When facing an EAW, the person might be held in detention unless they have sufficient legal representation. The surrender process is designed for urgency and requires immediate action from a qualified defense lawyer to challenge the request.

Our elite defense lawyers act fast and strategically to analyze the facts of your case and challenge unlawful European Arrest warrants to secure your freedom. Contact us now for immediate action.

ICC Warrant

An ICC arrest warrant is an official order issued by the International Criminal Court for the arrest and transfer of individuals suspected of committing serious international crimes. The ICC was established in 2002 based on the Rome Statute, an international treaty ratified by 120+ countries. This court is tasked with investigating and prosecuting serious crimes to ensure accountability and uphold international humanitarian law.

Issuing ICC Arrest Warrants

The procedure for issuing an ICC arrest warrant begins with the initiation of an investigation. This can be done by:

1. The ICC Prosecutor, based on information provided by member states or the UN Security Council;
2. States that have ratified the Rome Statute;
3. By the UN Security Council itself, when referring the matter to the ICC for consideration.

The prosecutor conducts a thorough investigation, gathering relevant evidence, witness statements, and testimonies confirming an individual’s involvement in the crime. They then file a petition for an arrest warrant and provide the court with evidence of the person’s involvement in the crime based on ICC regulations.

ICC’s judicial chamber reviews the evidence and issues a decision on issuing an arrest warrant. The warrant is sent to ICC member states for execution. These states are obligated to detain the person sought and transfer them to the court.

Consequences of an ICC arrest warrant

Due to the global reach of the International Criminal Court, ICC arrest warrants have serious legal consequences on your freedom and reputation, including:

• Global arrest risk: An ICC arrest warrant gives any member state the right to arrest a person pending surrender.
• Loss of freedom of movement: Suspects facing ICC arrest warrants can be barred from international travel, making their passports void for international travel.
• Prosecution at the Hague: Individuals face trial at the ICC for serious crimes like genocide, war crimes, and other crimes against humanity. That can lead to long-term imprisonment for convicted individuals under international law.

Facing an ICC arrest warrant?

Facing an ICC warrant requires swift and strategic legal action to protect your personal freedom and challenge arrest. Contact our arrest warrant lawyers today for immediate legal action to protect your freedom and future.

International arrest warrants comparison

How to find out you have a warrant

If you’re concerned about an International arrest warrant, it’s crucial to act fast by seeking professional legal support. Here’s how our Interpol warrant lawyers can help you confirm your status safely and discreetly:

• Our international lawyers conduct discreet legal checks through specialized international channels largely unaccessible to the public.
• We review international and Interpol databases for Red notices, EAWs, and ICC warrants.
• Your lawyer submits formal enquiries to the Interpol and the relevant National Central Bureaus (NCBs).
• We guide you through the legal process of verifying, challenging, and preventing international warrants.
• We liaise with consulates and embassies to protect your critical information and freedom, especially if you’re abroad.

Please note that investigating international arrest warrants without qualified legal support can trigger alerts, lead to sudden detention, and expose sensitive information to law enforcement agencies. Let our defense lawyers handle it safely and discreetly today to protect your reputation and freedom.

Issuance and execution of International warrants

International arrest warrants are challenging to issue and execute since they require significant work by both the requesting and the requested country. The process of issuing such an arrest warrant includes:

1. When a government wants to apprehend a suspect in another jurisdiction, it must figure out whether the alleged offence fits the legal requirements of an International warrant. The prosecution must look at how serious the crime is and make sure there’s enough evidence supporting the order based on the applicable legal standards of the countries involved.
2. Once the requesting government confirms the arrest warrant is lawful, it sends a formal request to the suspect’s country of residence through international groups like the Interpol, the European Union, or the ICC.
3. Coordination with the local legal authorities to carry out the arrest pending surrender. Political and diplomatic factors may influence the process, especially if the requested country has a constrained relationship with the requesting country or if the individual has strong political ties.

International warrants might be challenging to carry out where there are disagreements over what the law states or who has the legal right to make decisions. Some countries also refuse to surrender their own citizens to foreign nations, or where there are humanitarian concerns, like risk of torture, cruel treatment, or the death penalty.

Consequences of an international arrest warrant

Obtaining an international arrest warrant can have devastating consequences:

• High risk of immediate arrest, especially when crossing the border, in transit, or checking into a hotel.
• Detention and subsequent imprisonment until the completion of the extradition procedure.
• The official extradition procedure can take months and require serious legal defense.
• Legal prosecution abroad, often under conditions different from your country.
• Financial and personal damage: freezing of assets, job loss, and psychological pressure on the family.
• Restriction of freedom of movement: trips abroad become impossible, and crossing the border may end in arrest.

Challenging International Arrest Warrants

Challenging an International warrant without the right support can be challenging due to the jurisdictional, diplomatic, and legal factors involved. Persons facing such arrest warrants can contest their validity or challenge the extradition requests on different grounds depending on the applicable laws and international agreements.

Here are common grounds to challenge an International arrest warrant:

1. Political motivation – Your lawyer can argue that the arrest warrant was politically motivated and not from legitimate criminal charges.
2. Refugee status – Individuals with legitimate refugee status are protected from extradition.
3. Human rights concerns – Most jurisdictions deny extradition if it would violate a person’s human rights, like an unfair trial or the risk of inhumane treatment.
4. Lack of dual criminality – The alleged offense must be considered a crime in both the requested and the requesting country to facilitate extradition.

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