INTERPOL and Criminal Law: When Crime Crosses National Borders
Professor Dr. Fady Mekkawy
Professor of Criminal Law Expert in Political, Strategic & Security Affairs
INTERPOL and Criminal Law: When Crime Crosses National Borders
During my most recent visit to the headquarters of the International Criminal Police Organization – INTERPOL in Lyon, France, the visit was far more than a tour of one of the world’s most important international security organizations. It was an opportunity to reflect on the growing relationship between national criminal law and international criminal cooperation, and on how confronting modern crime increasingly requires mechanisms that extend beyond national borders.
Crime, in many of its modern forms, is no longer merely a domestic phenomenon. A criminal may commit an offense in one country, use infrastructure or tools located in another, move to a third country, while the proceeds of the crime may be transferred to a fourth. This is where INTERPOL playsa vital role as a platform for cooperation among law-enforcement authorities across different countries. Today, INTERPOL brings together 196 member countries and connects police authorities through a secure communications network that facilitates the exchange of criminal information and data.
From a legal perspective, INTERPOL does not replace national courts, nor does it constitute a “world police force” in the traditional sense. Rather, it facilitates international police cooperation within the framework of national laws and international rules. This is a fundamental point in understanding the relationship between INTERPOL and criminal law.
Criminal law determines what constitutes a criminal offense, establishes criminal liability, and prescribes applicable penalties within a state. International cooperation, on the other hand, provides mechanisms that help law-enforcement authorities pursue offenders when criminal activity extends beyond national jurisdiction.
Among the most important of these mechanisms are INTERPOL Notices, particularly the Red Notice, which seeks to locate a wanted person and request their provisional arrest pending relevant legal proceedings, in accordance with the laws of the country in which the person is located. Importantly, a Red Notice is not an international arrest warrant issued by INTERPOL.
This is precisely where the role of the criminal-law specialist becomes increasingly important. Dealing with transnational crime is not simply a matter of identifying an individual as “wanted.” It requires a sophisticated understanding of criminal jurisdiction, extradition, mutual legal assistance, the admissibility and evidentiary value of evidence, data protection, fair-trial guarantees, and human rights.
One of the most striking aspects of gaining a closer understanding of INTERPOL’s work is the extent to which modern law enforcement relies on criminal data and forensic information. INTERPOL maintains global databases containing information relating to individuals, fingerprints, stolen travel documents, vehicles, and other categories of criminal information. Its systems also incorporate DNA records, fingerprint databases, facial-recognition capabilities, and other technological tools that can help connect criminal incidents occurring across different jurisdictions.
Technological development has therefore fundamentally reshaped the concept of criminal investigation itself. The crime scene is no longer necessarily a single physical location. It may be distributed across several countries, while the evidence may be digital, financial, electronic, or connected to international supply chains.
This becomes particularly significant in cases involving organized crime, cybercrime, illicit trafficking, financial crimes, terrorism, and intellectual property crimes. In this context, INTERPOL cooperates with various international partners to address transnational criminal activity, including cooperation in combating intellectual property crime—a field that directly intersects with the protection of economies, consumers, and public security.
Yet the real strength of this system does not come from technology alone. It comes from law.
INTERPOL operates within a legal framework that seeks to balance international security cooperation with respect for national sovereignty, human rights, neutrality, and data protection. International notices are also subject to legal rules and procedures governing their issuance and dissemination.
I therefore believe that the future of criminal law cannot be separated from the future of international criminal cooperation. Lawyers, judges, researchers, and law-enforcement professionals dealing with transnational crime all require knowledge that extends beyond the boundaries of domestic legislation—a multidisciplinary understanding that brings together criminal law, international law, technology, digital evidence, and international law-enforcement cooperation.
And from the heart of Lyon, one message stood out clearly to me:
Crime can cross borders in seconds. Therefore, law and international law-enforcement cooperation must be capable of crossing those borders with the same speed—while always preserving the rule of law, national sovereignty, and human rights.
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