recent case involving the Federal Investigation Agency and the recovery of missing Pakistani children from Bishkek, Kyrgyzstan, has illustrated the critical role of Interpol in international law enforcement. The incident affords an illustration of how Interpol’s legal mechanism and collaborative framework can effectively address complex trans-national crimes such as child abduction.

There are several dimensions to Interpol’s involvement. Interpol, the International Criminal Police Organisation, operates under a vigorous framework of international cooperation agreements and treaties. Established in 1923, it facilitates cross-border police cooperation and crime control. Its primary legal instruments include Red Notices for fugitives and Yellow Notices for missing persons, including children. These notices are issued at the request of member countries, enabling them to seek international assistance in locating people. The legal foundation of Interpol’s operations is grounded in respect for the sovereignty of its 195 member countries, which must incorporate Interpol’s alerts and notices into their domestic legal and operational frameworks. Each of its member countries hosts an INTERPOL National Central Bureau. This connects their national law enforcement with other countries and with the General Secretariat via a secure global police communications network called I-24/7.

Interpol’s role is pivotal in addressing crimes that transcend national boundaries. It is important to understand that Interpol itself does not have enforcement powers. Instead, it acts as a facilitator, enhancing cooperation between national law enforcement agencies. This cooperative framework allows member countries to share information and collaborate on investigations. The case involving the FIA demonstrates how Interpol’s system can be seamlessly integrated with national legal processes. Pakistan’s membership of international agreements enabled the FIA to utilise Interpol’s tools to locate and recover the missing children.

In this case, Interpol’s Yellow Notice played a crucial role. The Yellow Notice is designed to help locate missing persons. It provides the necessary information and alerts that enabled the FIA to track and recover the children. The operation was conducted under Pakistan’s legal framework, adhering to both domestic laws and international legal standards. This case exemplifies the importance of timely and accurate information sharing in addressing transnational crimes. The collaborative efforts between Interpol and the FIA-NCB highlight the effectiveness of international legal cooperation in resolving complex cases involving child abduction.

Over the years, there have been several high-profile cases that have made use of Interpol’s system in addressing transnational child abduction. In 2014, Bobby Hernandez was abducted by his father in Alabama. He was found in Ohio 13 years later. Interpol had issued a Yellow Notice and collaborated with local authorities. The child was safely recovered and the father was arrested. This demonstrated the effectiveness of Interpol’s system when integrated with national efforts. In 2013, Maria, a young girl found in a Roma camp, was suspected of having been abducted. As a result of Interpol’s Yellow Notice, Maria’s true identity was discovered and she was reunited with her biological family in Bulgaria. Nonetheless, there have also been cases that show the challenges. For instance, Madeleine McCann, a British child, disappeared in 2007 in Portugal Interpol issued a Yellow Notice and facilitated international cooperation. Despite extensive efforts, Madeleine remains missing, highlighting the complexities and limitations of the process.

Interpol’s role is pivotal in addressing crimes that transcend national boundaries. It is important to understand that the Interpol itself does not have enforcement powers. Instead, it acts as a facilitator, enhancing cooperation between national law enforcement agencies.

The use of Interpol’s system in cases like these raises significant legal issues. Ensuring that actions taken under Interpol notices comply with due process and respect for human rights is paramount. The legal framework governing Interpol’s operations must balance the need for effective law enforcement with the protection of individual rights. In the recent FIA case, the coordination between Interpol and the FIA-NCB was carried out in accordance with both domestic and international legal standards, demonstrating a commitment to upholding the rule of law.

The success of the FIA operation highlighted the effectiveness of Interpol’s system in facilitating international cooperation. However, the case also highlighted some challenges. Jurisdictional conflicts can arise when different countries have varying legal standards and procedures. The need for timely information sharing and coordination is critical to the success of such operations. Additionally, the integration of Interpol’s tools into national legal frameworks requires continuous updates and training to ensure that law enforcement agencies can effectively utilise these resources.

One of the foremost challenges in utilising the Interpol system is the issue of jurisdictional conflicts. Different countries have their own legal systems, procedures, and definitions of crimes. This can lead to complications when attempting to enforce international notices such as Yellow or Red Notices. Countries may have different laws regarding the same crime. For instance, an action deemed legal in one country might be illegal in another, complicating the enforcement of Interpol notices. Extradition treaties vary between countries. Not all countries have extradition agreements with every other country. This can hinder the police’s ability to bring suspects or missing persons across borders to face legal proceedings.

The diversity of legal standards and procedural requirements across member countries poses another significant challenge. The standards for what constitutes admissible evidence can differ widely. What is considered sufficient evidence in one country may not meet the legal threshold in another. Variations in the legal definitions of crimes can impact the enforcement of Interpol notices. For example, the legal definition of abduction or trafficking may vary, affecting how cases are pursued in different jurisdictions. Ensuring that individuals subject to Interpol notices receive a fair trial is paramount. This includes the right to legal representation; the right to be heard; and the right to appeal. Interpol’s processes must be transparent to avoid accusations of arbitrary or politically motivated actions. This includes clear communication about the reasons for issuing notices and the evidence supporting them.

The recent FIA case involving the recovery of missing children from Bishkek highlights the critical role of Interpol in international law enforcement. The legal framework governing Interpol’s operations, combined with effective international cooperation, can significantly enhance the law enforcement’s ability to address transnational crimes such as child abduction. However, continuous efforts are needed to overcome challenges related to jurisdictional conflicts, information sharing and the integration of Interpol’s tools into national legal frameworks. The effectiveness of Interpol’s system can be enhanced by strengthening international legal cooperation and updating policy and operational protocols.

The writer is an advocate of the high court, a founding partner at Lex Mercatoria and  a visiting teacher at Bahria University’s Law Department. She can be reached at minahil.ali12@yahoo.com