Legal personality is a concept in the law that refers to whether a person or entity can be held legally responsible for its actions. It’s one of the most important characteristics that you can have as a human being because it means that you are responsible for what you do.
So does INTERPOL have a legal personality? The short answer is yes. INTERPOL was established by an international treaty and is recognized by 191 countries as an international organization whose purpose is to facilitate international police cooperation. This means that it has the same rights, powers, and duties as other international organizations—including the right to possess its own property and enter into contracts.
In order to function properly and achieve its goals, INTERPOL has to have a legal framework that ensures it can operate in line with the laws of different countries. This legal framework is made up of the following main documents:
INTERPOL has its own constitution and bylaws, which were adopted in 1956 and act as its main legal instrument. The document is the fundamental text which gives INTERPOL its existence and purpose.
The Constitution describes how the organization is to be managed and it also stipulates the responsibilities of its members. It also outlines the duties of each member state towards INTERPOL.
The General Regulations
The General Regulations are used as guidelines for Interpol activities such as operations and investigations among others.
The General Regulations supplement the Constitution, providing additional provisions regarding matters such as sessions of the General Assembly, Executive Committee, and Secretary-General.
These regulations have been amended over time to meet changing needs within the organization but they remain fundamentally unchanged in their nature and purpose since their inception almost 60 years ago now.
The Rules of Procedure (RP) Governing the Work and Activities of the General Assembly and Executive Committee are:
The Rules of Procedure of the General Assembly and Executive Committee outline how meetings between all member countries are conducted, along with other procedural matters like voting on new members or changes to existing memberships.
It also outlines the preparation of the agenda, the conduct of sessions, working documents, points of order, and procedural motions.
The Financial Regulations govern how money is spent by the organization and prescribe how it should be handled by its members. They outline what spending needs to be approved, how much can be spent without approval, and what types of purchases require approval from higher-up officials.
The Statute of the Commission for Control and Management of Interpol’s Files.
The Statute of the Commission for the Control of INTERPOL’s Files is an internal document that outlines how to manage files, what information can be stored, and how to access them. It also describes when a file can be shared with other countries. It does not contain any rules about what to do with people who are listed in files or how those people should be treated.