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Hey, How Did You Get in Here? Why the International Criminal Court Was Allowed to Request Muammar Gaddafi’s Red Notice

By Michelle Estlund on September 14, 2011

Most of those familiar with INTERPOL know that any of the 188 INTERPOL member countries can request that the international police organization issue a Red Notice for a fugitive based upon their association with INTEPROL.

Now, with the issuance of the Red Notices in Muammar Gaddafi’s name and the names of his sons, we see an example of another means of obtaining a Red Notice.  The International Criminal Court, or ICC, has requested those Red Notices, and they have been issued by INTERPOL.  The requests were reportedly made by the ICC’s chief prosecutor, Luis Moreno-Ocampo.  

What allows a prosecutor of the ICC to appeal directly to INTERPOL for a Red Notice?  There is a special cooperation agreement in place between the ICC and INTERPOL.  It allows for the ICC to make such a request, and also provides the ICC with access to INTERPOL’s data, similar to the arrangement with member countries.  

And because nothing in life is free, the ICC has a financial obligation to INTERPOL, just as the member countries do, in exchange for its ability to benefit from INTERPOL’s considerable resources.  The ICC is also bound by all of the internal rules and regulations as the member countries.

In addition to highlighting the relationship between the ICC and INTERPOL, the Gaddafi Red Notice also signifies a recognition of Libya’s National Transitional Council (NTC) as the country’s new formal government.  In the next post, look for a discussion of the NTC.

As always, thoughts and comments are welcomed.

 

 

 

  • Posted in:
    Criminal, International
  • Blog:
    Red Notice Law Journal
  • Organization:
    Estlund Law
  • Article: View Original Source

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