The recent controversy surrounding the arrest of former president Rodrigo Duterte has sparked debates over the use of two law enforcement mechanisms: the Red Notice and the Diffusion Notice issued by Interpol.

Senators and government officials have raised concerns about whether due process was followed and the implications of the notices under international law.

What is a red notice?

A Red Notice is the highest alert issued by Interpol at the request of a member country or an international tribunal. It serves as a global request for law enforcement agencies to locate and provisionally arrest an individual pending extradition or legal action. However, it is not an arrest warrant in itself. The notice requires approval from Interpol's General Secretariat and can only be issued when it meets strict legal standards.

For a Red Notice to be enforced, the country receiving it must have extradition agreements with the requesting authority. This means that while Interpol can help locate and detain a suspect, the final decision on arrest rests with national authorities.

What is a diffusion notice?

A Diffusion Notice is a less formal request for cooperation that can be sent directly between countries or groups of countries. Unlike a Red Notice, it does not require approval from Interpol’s General Secretariat before being circulated, allowing for quicker information sharing. However, it is less authoritative than a Red Notice, and enforcement depends on how national authorities choose to act upon it.

The ICC case

During a Senate Committee on Foreign Relations hearing, Senator Imee Marcos raised concerns about the legal basis of Duterte’s arrest, pointing out that no Red Notice was issued—only a Diffusion Notice. "There was no Red Notice, and what was issued was merely a Diffusion Notice," she said.

Was Malacañang involved?

Senator Marcos also questioned why Malacañang had already mentioned Interpol's involvement despite no confirmed receipt of a warrant at the time. "Why was the Palace already speaking about Interpol's involvement when, at that time, there was no confirmation or receipt of any warrant?" she asked.

In response, DOJ Secretary Jesus Crispin Remulla defended the process, stating, “The mechanism of international tribunals like the ICC is to approach Interpol to serve the warrant because they do not have their own police force. They rely on Interpol."

While Remulla insisted that the process was standard, the absence of a Red Notice has raised questions about whether the proper diplomatic and legal steps were followed before Duterte’s arrest.