An INTERPOL Red Notice is one of the most misunderstood tools in international law enforcement. Here are seven facts about how it actually works.
1. A Red Notice is not an international arrest warrant
It is a request to law enforcement worldwide to locate and provisionally arrest a person pending extradition. It is based on an arrest warrant or court order issued by the requesting country.
2. INTERPOL does not issue it on its own
A member country asks for the Red Notice, and the INTERPOL General Secretariat reviews the request before publishing it. INTERPOL has 196 member countries.
3. Each country decides what a Red Notice means within its borders
No country is obliged to arrest someone based on a Red Notice. Every member country applies its own laws on how much legal weight to give it.
4. Most Red Notices are not public
Only a small portion appear on INTERPOL’s public website. Most are visible only to law enforcement.
5. INTERPOL’s rules prohibit certain cases
Article 3 of the INTERPOL Constitution forbids any activity of a political, military, religious or racial character. Requests that break these rules can be refused or cancelled.
6. There is an independent review body
The Commission for the Control of INTERPOL’s Files (CCF) is independent from INTERPOL’s leadership. It handles requests for access to data and for the correction or deletion of data.
7. A Diffusion is different from a Red Notice
A Diffusion is sent directly by a member country to other countries, without being published by the General Secretariat. It can still lead to action at borders, so it has its own legal considerations.
The takeaway
Extradition is decided by national courts and governed by treaties and domestic law, not by INTERPOL. Knowing these differences helps people understand the process and their rights.
Learn more about our work in INTERPOL Red Notice and Diffusion matters and extradition defense.
About the author: Sharon Nahari, Adv., is an experienced international criminal defense lawyer working on extradition, INTERPOL and European Arrest Warrant matters, together with licensed associate partners across multiple jurisdictions.
Sources: INTERPOL – About Red Notices (interpol.int); INTERPOL Constitution, Article 3; Commission for the Control of INTERPOL’s Files (CCF).
Attorney advertising. This article is for general information only and is not legal advice. Reading it does not create an attorney-client relationship. Laws and procedures vary by country.