Bottom line: An INTERPOL Red Notice is a request to police worldwide to locate and provisionally arrest a person pending extradition or similar action. It is not an arrest warrant, and each member country decides whether to act. A person may ask the Commission for the Control of INTERPOL’s Files to review their own data – free and confidential.

Wang Guan | Beijing Haolue Law Firm (Co-founder) | Practice certificate no.: 11101202111297085 | 22+ years in legal practice | Practice area: Criminal defense for foreign nationals in China | Tel: +86 178 1310 8512 | Address: F2, East Tower, Hademen Plaza, No.8 Chongwenmenwai Street, Dongcheng District, Beijing

Legal basis

Layer Instrument (full name) Provision Current version Effective date
International organisation instrument Constitution of the International Criminal Police Organization (ICPO-INTERPOL) Framework and mandate of the organisation Current text as published by INTERPOL In force
International organisation instrument INTERPOL Rules on the Processing of Data Article 83 – conditions for publishing a Red Notice Current text as published by INTERPOL In force
International organisation instrument Statute of the Commission for the Control of INTERPOL’s Files Request mechanism for individuals Current text as published by INTERPOL In force

What is an INTERPOL Red Notice?

INTERPOL describes a Red Notice as a request to law enforcement worldwide to locate and provisionally arrest a person pending extradition, surrender, or similar legal action. It is issued on the basis of an arrest warrant or court order from the requesting country’s judicial authorities.

Two points are stated clearly in INTERPOL’s own material. First, a Red Notice is not an arrest warrant. Second, each member country decides whether to arrest the person, applying its own law. A Red Notice is therefore a request for provisional action, and the substantive legal decision is taken later in the relevant national proceedings.

This distinction matters because it separates two different questions: whether the notice should exist at all, and whether the person should be surrendered. These are addressed in different places and by different processes.

When may INTERPOL publish a Red Notice?

Article 83 of the INTERPOL Rules on the Processing of Data sets the conditions for publishing a Red Notice. In particular, the notice may relate only to a serious ordinary-law crime. This means the underlying conduct must fall within that category; matters that do not meet the condition should not support a Red Notice.

The condition can be examined on its own terms. Where a request does not concern a serious ordinary-law crime, that is a matter a review can consider. The same rules also require data held by the organisation to be accurate and lawful, which is why corrections to records are part of the process.

How does the CCF process work?

The Commission for the Control of INTERPOL’s Files (CCF) is an independent body that monitors how the organisation applies its data-processing rules. An individual may ask the CCF about whether they are the subject of a notice and may request that their own data be reviewed.

INTERPOL states that applications to the CCF are free of charge and treated confidentially. The request is not a public filing, and it is submitted through the CCF’s own procedure.

The process is a request for a decision on the data, not a legal case in a court. Because it turns on the facts and on the rules, the outcome depends on the individual circumstances. No result can be promised in advance, and each application is assessed on its own merits.

Requests to the CCF can concern access to data, its correction, or its deletion, and they are handled in writing. A person may act directly or through a lawyer. Because the assessment is documentary, clear evidence about identity, the underlying conduct, and the national proceedings is usually important to the request.

A request to the CCF deals with the record held by the organisation. It is separate from, and does not by itself decide, the position under the law of any country where the person is located or may travel.

Common grounds used to challenge a Red Notice

This section describes the types of arguments that are commonly raised. It sets out the mechanism only and does not suggest that any particular argument will succeed.

  • The publication condition is not met – for example, the conduct is said not to amount to a serious ordinary-law crime within the meaning of Article 83.
  • The data is inaccurate, incomplete, or out of date, so the record does not reflect the true position.
  • The request appears to pursue a purpose outside the organisation’s mandate – for instance, a predominantly political, military, religious, or racial matter, which is not a proper basis for a notice.
  • The identity is confused, and the person named is not the person actually sought.
  • The request overlaps or conflicts with other data, or the underlying national decision has changed.

These are categories of grounds, not a checklist of winning arguments. A request is assessed against the organisation’s rules, and the strength of any point depends on the documents and the facts.

What to note in a China-related Red Notice case

Where a Red Notice has been issued at the request of a member country, a person may face practical questions in more than one country at once. In a China-related matter, the notice is only the first layer; the question of surrender from the country where the person is located is governed by the applicable extradition arrangement and by that country’s own law, including whether the conduct would also be an offence there.

It is therefore common to look at the matter from two directions: the review of the notice itself under the organisation’s rules, and the position under the law of the country where the person is or travels. A lawyer in the relevant jurisdiction, working alongside a lawyer familiar with INTERPOL’s rules, is the usual way to prepare.

A further practical point is timing. National authorities may act on a notice quickly, so planning ahead – keeping a lawyer’s details and key documents accessible – can matter if a person is stopped while travelling. Publicly disputing a notice is rarely the first step; the review and the local legal position come first.

Because a Red Notice is a request and not an arrest warrant, the practical effect depends on the country involved. Anyone subject to a notice should get advice in the relevant jurisdiction before travelling or making public statements.

Frequently asked questions

Is a Red Notice an arrest warrant?

No. INTERPOL states that a Red Notice is not an arrest warrant. It is a request to locate and provisionally arrest a person, and each member country decides whether to act.

Can I find out if I am the subject of a Red Notice?

An individual may ask the Commission for the Control of INTERPOL’s Files about their own data. INTERPOL states that these applications are free of charge and treated confidentially.

What are the usual grounds for challenging a Red Notice?

Common grounds include that the conduct is not a serious ordinary-law crime, that the data is inaccurate, that the request is outside the organisation’s mandate, or that identity has been confused.

Does a CCF request automatically remove a notice?

No outcome can be promised. The CCF reviews the data against the organisation’s rules, and the result depends on the facts and documents in each case.

Official sources and related reading

Rules and procedures can change. Check the current official text and the case-handling authority before relying on a deadline or requirement.

Disclaimer: This article provides general information only and is not legal advice. It does not create a lawyer-client relationship. For advice on any specific situation, consult a qualified lawyer.

Wang Guan | Beijing Haolue Law Firm (Co-founder) | Practice certificate no.: 11101202111297085 | 22+ years in legal practice | Practice area: Criminal defense for foreign nationals in China | Tel: +86 178 1310 8512 | Address: F2, East Tower, Hademen Plaza, No.8 Chongwenmenwai Street, Dongcheng District, Beijing

First published 2026-10-14 | Last updated 2026-10-14 | What changed: first publication, citations verified against the current versions.