Additionally, INTERPOL also uses diffusions, a faster and more flexible tool for securing international cooperation. Like colour-coded notices, diffusions can be used to request an individual’s arrest, location, surveillance or additional information for use in investigations. Unlike colour-coded notices, which the General Secretariat reviews, diffusions are initially circulated directly by an NCB to selected member states or the entire network. Although diffusions are later entered into INTERPOL’s Criminal Information System, their initial circulation relies solely on the issuing NCB. This process that aims to increase efficiency in urgent cases also raises concerns about the oversight of such tools and the potential for misuse, which has been dubbed the ‘diffusion paradox’.

Fast-track policing: the advantages of diffusions

In transnational policing, speed is often the decisive factor between capture and escape. Diffusions enable swift, flexible, cooperative cross-border action, fostering trust among states, while overcoming procedural delays in order to conduct timely interventions.

Speed in action

Diffusions provide law enforcement agencies with a rapid way to act across borders that avoids formal review delays. Their speed allows NCBs to circulate alerts for arrest, surveillance or information sharing in real time. In urgent cases, such as in relation to terrorism or organised crime, this quick response can prevent suspects from escaping. Such prompt action has been crucial in thwarting attacks and disrupting international criminal networks.

Bridging borders through cooperation

Beyond speed, diffusions strengthen cooperation among member states by fostering immediate coordination between different bodies. When countries receive and respond to diffusions promptly, it builds confidence in the system and in each other’s commitment to tackling crime collectively. This trust-based interaction enhances the solidarity within INTERPOL’s network, creating a more cohesive approach to transnational policing. This direct channel of communication empowers states to turn to one another for support, reinforcing international security and law enforcement partnerships.

Efficiency across borders

Diffusions cut through procedural bottlenecks, offering a streamlined alternative to the more time-consuming colour-coded notice system. They reduce bureaucratic friction, while still ensuring subsequent oversight is carried out through INTERPOL’s data systems. This operational efficiency makes diffusions particularly attractive to states dealing with fast-moving threats, where timing can determine the success or failure of policing.

The unintended consequences: the vulnerabilities of diffusions

Although diffusions serve important functions in international policing, their very structure also presents certain vulnerabilities. Without comprehensive safeguards, they can give rise to concerns, particularly where individual rights are affected or where political considerations influence their use.

Human rights issues

Diffusions circulated via INTERPOL are increasingly being misused, which poses risks in relation to potential serious human rights violations. The use of diffusions undermines the core principles of the institution like the presumption of innocence and the right to a fair trial when individuals are flagged without a proper review or an opportunity to challenge the allegations. Often based on politically motivated or unreliable requests, diffusions lack judicial oversight, leading to arbitrary detentions, visa refusals and passport cancellations. Unaware of their listing, many individuals face restrictions to their movements and legal uncertainty, with refugees and asylum seekers at heightened risk of persecution or their forcible return to a jurisdiction.

A violation of the provisions set out in INTERPOL’s Constitution

Article 3 of INTERPOL’s Constitution prohibits any intervention or activity of a political nature, ensuring that its tools, including diffusions, are not used for political purposes. When diffusions are exploited by states to target dissidents, opposition figures or activists through fabricated charges, it directly contravenes this rule. Such politically motivated actions violate Article 3 by using INTERPOL’s mechanisms for political persecution, undermining the organisation’s neutrality and its commitment to uploading and protecting human rights. This type of misuse is, therefore, a blatant breach of INTERPOL’s constitutional mandate.

A lack of oversight

Diffusions are vulnerable to abuse due to INTERPOL’s limited oversight and transparency in regard to this type of notice. Circulated directly between NCBs without an independent review, diffusions can be acted upon without verification or judicial scrutiny. INTERPOL’s under-resourced Commission for the Control of Files (CCF) lacks clear procedures, making it difficult to detect the existence of political motives or prevent misuse.[4] Public information is scarce, appeals are often ineffective and deleted notices may remain in national databases. Reliance on member states, weak accountability and poor funding make the political misuse of diffusion easy to achieve, undermining fundamental rights.

Non-publication and a lack of awareness

Unlike red notices, diffusion notices are not systematically published on INTERPOL’s website. They are transmitted directly between NCBs, making them invisible to the general public and often to the individuals concerned. In such circumstances, those who are targeted usually remain unaware that a diffusion has been issued against them until they are detained at a border, denied a visa or subjected to other legal or administrative consequences. This non-publication of diffusion notices not only limits the ability of individuals to challenge their listing, but also raises concerns about the transparency of such a process, the due process and whether there are any effective legal remedies available when problems arise.

The cumbersome removal process

The entire process of identifying and thereafter seeking the removal of a diffusion is very cumbersome. An individual has to clearly demonstrate that the diffusion is in clear violation of INTERPOL’s Constitution and involves a complicated application process involving the Commission for the Control of INTERPOL’s Files. Moreover, such a process can take several months and can only be navigated with the help of a skilled legal representative, making the entire process extremely complex.

Towards a more balanced framework

The task of strengthening diffusions requires preserving the speed aspect while embedding safeguards, as well as ensuring human rights protections, potential misuses are prevented and that efficiency is balanced with accountability. Potential solutions are as follows:

• introduce mandatory pre-circulation screening of all diffusion notices, similar to the legal review process for red notices, to reduce the risk of misuse;
• maintain a centralised registry of all diffusions, documenting the purpose, duration, issuing authority and intended recipients, to ensure transparency;
• require regular reporting to INTERPOL’s General Assembly on the use, outcomes and follow-up actions applicable to diffusions, which will strengthen accountability;
• enforce strict compliance with Article 3, including the immediate suspension or cancellation of diffusions found to be politically, militarily, racially or religiously motivated;
• establish a rapid appeal mechanism for individuals who believe they are subject to politically motivated or abusive diffusions, allowing for timely redressal efforts to be made;
• develop uniform procedural guidelines for NCBs on how to respond to diffusions, with the aim of reducing arbitrary interpretations and inconsistent legal responses; and
• conduct periodic independent audits of diffusion requests and actions taken by member countries to ensure adherence to international law and the protection of fundamental human rights.

Conclusion and final thoughts

The effective use of diffusions highlight the delicate balance between rapid cross-border law enforcement and the protection of human rights. Their speed and flexibility improve operational efficiency, enabling immediate responses to urgent threats and fostering international cooperation. However, the insufficient oversight exposes individuals to political misuse, arbitrary detention and privacy violations, undermining INTERPOL’s core principles. Strengthening screening and transparency processes, implementing standardised procedures and strict adherence to Article 3 of the Constitution can preserve diffusions’ effectiveness, while ensuring an adequate level of accountability. A balanced framework can align efficiency with justice, reinforcing INTERPOL’s integrity and global legitimacy.