International Arrest Warrant

Definition

The term “international arrest warrant” is not a fixed legal term in German or international law; it is used colloquially for various instruments aimed at the cross-border arrest and surrender of a person. In legal terms, the following must be distinguished: the European Arrest Warrant (EAW) within the EU, the Interpol search system (Red Notice, diffusion), and a foreign national arrest warrant, which can become the basis for an extradition request.

European Arrest Warrant (EAW)

Within the EU, the EAW is the only genuine cross-border arrest instrument: one EU Member State issues a standardized arrest warrant that can be enforced directly in another Member State. It is based on Framework Decision 2002/584/JHA and Sections 78 ff. IRG. The EAW is legally binding for all EU states.

Interpol Red Notice

The Interpol Red Notice is not an arrest warrant but a request to arrest or locate a person. It has no direct legal effect, but in many countries — including Germany — it is used as grounds for a provisional arrest while the extradition proceedings are being prepared.

Foreign national arrest warrant

In non-European extradition relations, a third state submits a formal extradition request to Germany on the basis of a national arrest warrant. The German Higher Regional Court (Oberlandesgericht, OLG) then reviews, under the IRG and the applicable treaty, whether the extradition is admissible. The foreign arrest warrant is a precondition here, but not a sufficient condition.

Impact on freedom of travel

If a Red Notice or an EAW exists, the person concerned risks being arrested at every border crossing — even within the Schengen area — and brought into the extradition proceedings. As long as a search request is active, the person should secure their place of residence and travel plans by legal means.

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