What Is an International Arrest Warrant?
An international arrest warrant is issued when a person accused of a serious crime is located in a country different from the one requesting their arrest. The goal is to obtain the individual’s extradition to the requesting state.
There are two main tools used in this process:
- European Arrest Warrant (EAW): Used among EU Member States to facilitate swift arrests and transfers.
- Interpol Red Notice: A global alert that enables provisional arrest in any of Interpol’s 195 member countries.
These instruments rely on international judicial cooperation, but each country has the authority to accept or reject the request based on its own laws and treaties.
How to Defend Against an International Warrant
Extradition is not automatic. There are several legal strategies to challenge the validity of an international arrest warrant:
Formal Validity Check
Ensure that the warrant is legally issued, contains all required information, and is supported by solid evidence.
Dual Criminality Principle
The alleged offense must be a crime in both jurisdictions. If the conduct is not punishable in the country of arrest, extradition may be denied.
Treaty Analysis
Review bilateral or multilateral extradition agreements between the countries involved to see whether the offense qualifies under the treaty terms.
Humanitarian or Political Grounds
Extradition may be refused if there are risks of fundamental rights violations, including:
- Risk of torture or inhumane treatment;
- Unfair trial in the requesting country;
- Political nature of the offense.
Suspension or Delay of Proceedings
In some cases, extradition can be postponed or suspended, for example due to health conditions or ongoing legal proceedings in the host country.
Why You Need a Specialized Lawyer
Dealing with an international arrest warrant requires a highly specialized defense. You should contact a criminal defense lawyer with expertise in international law, who can:
- Examine the legal documentation;
- Coordinate with foreign counsel;
- Act before national courts and diplomatic authorities;
- Protect the individual’s fundamental rights.
Conclusion
International arrest warrants are powerful legal tools—but not unbeatable. Knowing your rights, responding quickly, and working with an experienced legal team are key to preventing extradition and safeguarding your personal freedom.