Imagine: you defended yourself. Without unnecessary emotions, without aggression – just to survive. But later it turns out that a criminal case has been opened against you. A little more – and you are at the Interpol base. How is this possible, if you did not attack anyone, but only defended yourself?
This is not a fantasy, but a very real scenario. The problem is that even legal self-defense in one country can be considered a crime in another. And the main reason is significant differences in criminal law.
The right to self-defense: what is the difference between countries
In the US, there are concepts that allow a person to defend himself, even with the use of a weapon, if he is in his own home or believes that his life is in danger. Laws like “Stand Your Ground” provide fairly broad powers.
Everything is different in Europe. Proportionality is important here. Defense should be a response, not an excess of the threat. For example, if a bully comes at you with fists and you pull out a knife, this can be considered an assault, even if you acted out of fear.
In Asian countries, it is even more difficult. The law can consider guilty the one who did not avoid the conflict, even if he formally defended himself. Some states expect you to use your best efforts to prevent escalation.
These differences are important not only for the citizens of the respective countries. In a globalized world, people are increasingly facing criminal prosecution for actions that are not even considered a violation in their homeland.
When defense turns into a criminal case
The main role here is played not only by the law, but also by the interpretation of the situation by law enforcement officers. One bad translation, wrong protocol or political context, and your version of events no longer matters. This is how cases appear, where a person is accused of “exceeding the limits of necessary defense”, even if he acted instinctively or without malicious intent.
It is especially risky when the incident has an international nature – for example, if a person of another nationality was injured as a result or the case gained publicity in the media.
Interpol and red cards
When one of the countries believes that you are guilty, it can ask Interpol to issue a so-called “red notice” – an international wanted request. This is not an arrest, but grounds for detention in another country are already enough. And the worst thing is that most people find out about it by accident: at a border crossing, at the airport, or when their employer conducts a background check.
Expert opinion:
“有些客户直到在其他国家被拘留后，才得知自己已被列入国际刑警组织数据库。即使案件尚未进入法院阶段，这种情况也可能发生。因此，如果对自己的情况有哪怕一丝怀疑，进行一次 国际刑警组织红色通缉令查询 是非常重要的——这将有助于确认您的姓名是否出现在国际通缉名单中” explains the lawyer, a specialist in transnational criminal law.
What to do if the situation escalates?
First, record everything you can. Photos, videos, audio recordings, eyewitness testimony — all this can become critical evidence in the case.
Secondly, do not ignore the situation if the incident happened abroad or had an international resonance. Be sure to consult with a lawyer who specializes in international law. Preferably, before the country has time to submit a request to Interpol.
Thirdly, if a red notice appears, there are mechanisms for appealing it. You can file a complaint with the Interpol Commission for the Control of Files (CCF), provide evidence that the case is politically motivated or improper in nature. It is important to act quickly, because the consequences are not only legal, but also reputational.
Visnovok
The world has become more complex, and you need to protect yourself not only physically, but also legally. Legitimate self-defense in one country may look like assault in another. To avoid unpleasant surprises, it is important to know your rights, understand the context and have legal support.
Defend yourself – but always within the limits not only of force, but also of the law. And if something went wrong, don’t delay checking. Because a red Interpol card is not something you want to see before leaving for vacation.