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 types and their characteristics:
Interpol Red Notice
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.
Although a red notice does not have the legal force of an arrest warrant, it is used as a basis for detention in countries where this is provided for at the legislative level.
National law enforcement agencies of an Interpol member country submit a request for the issuance of a red notice. It is accompanied by legal documents confirming the existence of an arrest warrant, and
Interpol is analyzing the request to determine if it complies with the rules and does not violate international norms. For example, a notice cannot be issued for political, military, religious, or ethnic purposes.
After being approved by the General Secretariat, the red notice is distributed to all Interpol member countries through a secure communication network.
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.
Red notices are issued only for serious criminal offenses: 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 person can be detained in any country where they are found, followed by an extradition process.
Having a red notice significantly complicates international travel, as the individual sought may be detained at border crossings. In some cases, the notice can lead to the freezing of the sought person’s bank accounts or assets.
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 (EAW) consists of several stages. The national court or law enforcement agency of the country where the criminal case has been initiated or a verdict has been delivered issues the EAW. The basis for issuance is the presence of a serious crime, for which the punishment is imprisonment for a term of not less than one year.
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 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. After the warrant is approved, the wanted individual is transferred to the requesting party for investigative actions or to carry out a sentence.
ICC Warrant
An arrest warrant from the International Criminal Court (ICC) is an official order issued by the court for the arrest and transfer of an individual accused of committing international crimes.
The International Criminal Court was established in 2002 based on the Rome Statute—a international treaty ratified by more than 120 countries. The ICC is tasked with investigating and prosecuting the most serious crimes that provoke international outrage.
An arrest warrant from the ICC isn’t just a document; it’s part of a global justice mechanism aimed at ensuring accountability for violations of international humanitarian law.
The procedure for issuing an ICC arrest warrant begins with the initiation of an investigation. This can be done by:
- The ICC Prosecutor, based on information provided by member states or the UN Security Council;
- States that have ratified the Rome Statute;
- By the UN Security Council itself when referring the matter to the ICC for consideration.
The prosecutor is conducting a thorough investigation, gathering evidence, witness statements, and testimonies confirming an individual’s involvement in a crime. Then, they file a petition for an arrest warrant, providing the court with evidence that the individual is involved in a crime under the jurisdiction of the ICC, and that detention is necessary to ensure their presence at trial or to prevent the commission of new crimes.
The 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.
Our approach to challenging an arrest warrant
Challenging an arrest warrant requires a deep understanding of international law, as well as experience working with law enforcement and judicial systems. Our team possesses unique knowledge and practical experience, enabling us to successfully defend the rights and interests of our clients at all stages of this complex process.
We provide our clients with comprehensive legal services:
- Initial analysis of the case, examination of the legal circumstances and grounds for issuing a warrant;
- Assessment of the order’s compliance with international law standards to identify potential violations.
- Development of an effective individual protection strategy;
- Collection of documents and evidence proving the warrant’s lack of justification;
- Preparing petitions for the annulment of orders before the relevant authorities;
- Appealing to national courts or international bodies;
- Representing client interests in national and international courts;
- Filing appeals and protests with the relevant authorities;
- Engaging with the government and international bodies to achieve the lifting or modification of an order.
We keep the client informed about every stage of the case to ensure a full understanding of what’s happening and coordination in actions.
We successfully challenged the warrants issued for politically motivated cases, proving their illegality. Our Interpol legal team at the helm of Anatoly Yarovoy repeatedly achieved the removal of red notices from the Interpol system through appeals to the CCF Commission. We defended our clients’ interests at the European Court of Human Rights when the issuance of a warrant violated their rights.
Contact us right now to receive an initial consultation and discuss the next steps for protecting your interests.
