The Legal Foundations of Interpol

by Martha, Rutsel Silvestre J

• ISBN13: 9781849460408
• ISBN10: 184946040X
• Format: Hardcover
• Copyright: 2010-05-12
• Publisher: Hart Publishing

Summary

This book is a study of the legal aspects of the birth and development of an international organization, using the example of INTERPOL as a detailed case study. It is not a constitutional manual for INTERPOL, but an organisational study, and does not seek to be exhaustive in terms of its description of INTERPOL's operations. Its main focus is the examination of the question whether an international organisation, in this case INTERPOL, can be created without a solemn and formally celebrated treaty. At the same time the book sets out the legal foundations for extra-judicial international police enforcement cooperation and explains the creation, structure and operation of INTERPOL, the organisation that promotes that cooperation. For practitioners who, for whatever reason, have to deal with INTERPOL, it provides a much-needed explanation of the legal foundations of the Organisation, its legal status and some basic guidance on its operations. It also includes information relevant for lawyers litigating issues with INTERPOL about how their clients can challenge the way the Organisation has processed information concerning them, or has alerted police forces worldwide about them.

Author Biography

Rutsel Silvestre J Martha is a former General Counsel and Director of Legal Affairs of INTERPOL. He is currently the General Counsel and Director of Legal Affairs of the International Fund for Agricultural Development.

Table of Contents

Foreword Interpol Secretary General	p. vii
Preface	p. ix
Acknowledgments	p. xiii
Abbreviations	p. xix
Table of Cases	p. xxi
Introduction	p. 1
The Concept Of International Organisations	p. 7
The Object Of The Organisation	p. 13
Is Extrajudicial Police Cooperation a Legitimate Object?	p. 15
The Presumptive Freedom of Action of Sovereign States	p. 18
The Indifference with regard to Forms and Formalities	p. 19
Imputability of Police Enforcement Cooperation Actions to the State	p. 22
The Doctrine of electa una via: Non-exclusivity of Mutual Assistance Arrangements	p. 24
The Obligation to Cooperate	p. 26
The Duty of Due Diligence in Policing	p. 26
Conventional Undertakings to Cooperate in Police Enforcement Matters	p. 28
Permissibility of Police Cooperation without the Formalities of Extradition or Mutual Assistance Treaties	p. 31
Balancing Law Enforcement Needs and Fundamental Rights	p. 31
Extrajudicial Surrender of Suspects and Fugitives	p. 32
Extrajudicial Gathering of Evidence Abroad	p. 38
The Appropriateness of Interpol's Aims	p. 42
Organisation And Operations	p. 47
Origins	p. 50
Structure	p. 52
The General Assembly	p. 53
Subsidiary Bodies and Regional Conferences	p. 54
Decision-making Procedure	p. 58
Dispute Settlement Function	p. 62
The Executive Committee	p. 66
The General Secretariat	p. 69
The National Central Bureaus	p. 74
The Concept	p. 74
NCB Service Standards	p. 76
Legal Characterisation of NCBs	p. 79
The Advisers	p. 91
The Commission for the Control of Interpol's Files	p. 92
The Exclusive Effect of the Commission's Competence	p. 92
Remedies	p. 101
Effects of Findings	p. 104
Functions and Internal Legal Order	p. 105
Essential Functions	p. 106
Secure Global Police Communication Services	p. 106
Operational Data Services and Databases	p. 109
Operational Police Support Services	p. 113
Training and Development	p. 123
Internal Legal Order	p. 124
Attribution and Delegation of Powers	p. 124
Regulation of the Processing of Police Information	p. 127
Regulation of the Employment Relations	p. 130
Privileges and Immunities	p. 131
Recognition	p. 136
Recognition as an International Organisation	p. 138
Recognition of its International Legal Capacity	p. 145
The Will Of Governments To Create The Organisation	p. 149
Relevance	p. 149
Conduct of Police Bodies	p. 150
Attribution of Police Conduct to Governments	p. 154
Acceptance And Adherence To The Constitution	p. 159
The Incorporators	p. 160
Subsequent Adherents	p. 162
Compliance	p. 165
Members And Contracting Parties	p. 167
Countries as Members	p. 171
Are 'Countries' Subjects of International Law?	p. 174
The Proper Law Of The Organisation	p. 179
The Proper Law of Intergovernmental Legal Acts	p. 179
Presumptive Exclusion of National Law	p. 180
Distinguishing Interpol's Situation	p. 184
Form And Formalities	p. 191
The Irrelevant Distinction between Formal and Informal Agreements	p. 191
The Issue of Registration and Publication	p. 195
Conclusion	p. 199
The Constitution of the International Criminal Police Commission, 1923	p. 203
The Constitution of the International Criminal Police Commission, 1939	p. 205
The Constitution of the International Criminal Police Commission, 1946	p. 208
The Constitution of the International Criminal Police Organisation and General Regulations, 1956	p. 211
Statement to Reaffirm the Independence and Political Neutrality of Interpol, 2006	p. 226
Bibliography	p. 229
Index	p. 241
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