Arrest warrant for Julian Assange

Several days ago, Sweden issued an arrest warrant against Julian Assange for rape. Today, that warrant went global, thanks to the International Criminal Police Organization (Interpol).

While some in the media have reported that Interpol itself issued an arrest warrant, that claim is not precisely accurate. Interpol, which is based in Lyon, France, has no law enforcement powers, and thus cannot issue warrants. Rather, Interpol’s purpose is to share information among different national police agencies, subject to whatever restrictions the originating agency wishes to impose. (For example, the United States does not allow Iran, Cuba, Sudan, or Syria to access fingerprints which it has provided to Interpol.) Interpol also provides expert forensic or investigative services, such  as bomb scene analysis, when requested by police agencies.

Regarding Assange, Interpol today issued a  “Red Notice.” According to the Red Notice, the warrant was issued by the International Public Prosecution Office in Gothenburg, Sweden.

As I detail in the monograph I am writing on Interpol, when a nation (here, Sweden) requests Interpol to issue a Red Notice,  the nation affirms that there is, in that nation, a valid arrest warrant or court order for that person, and that the nation will seek extradition of the person if he is apprehended. Before Interpol publishes the Red Notice, Interpol staff review the application to ensure that there really is a validly-issued arrest warrant or court order, and that publication of the Red Notice would not drag Interpol into political, military, religious, or racial issues, which are forbidden by Article 3 of Interpol’s Constitution.

Countries make their own decisions about how to treat a Red Notice. Some countries treat a Red Notice as an actionable request for an arrest; the United States does not.  In 2008, Interpol published 3,126 Red Notices.

Interpol cautions that any person who is the subject of a Red Notice should be considered innocent until proven guilty. Persons having information about Assange’s whereabouts are requested to contact their local or national police, or Interpol.

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