Article 3 of INTERPOL’s Constitution strictly prohibits the organization from engaging in military, political, religious, or racial matters. This neutrality principle renders military-related cases particularly sensitive and often complex.

While this neutrality principle excludes purely military offences, the classification of a crime as “military” is not always clear-cut. The context is critical: if the offence is not predominantly military, INTERPOL may still be allowed to act.

1. Purely Military Offences – Automatically Excluded

INTERPOL categorically refuses to process cases involving purely military offences such as desertion, draft evasion, or absence without leave (AWOL). Even when such acts are criminalised under national law, they are excluded unless they constitute violations of the laws of war.

2. Military Courts – Not Automatically Excluded

The involvement of a military tribunal alone does not necessarily violate Article 3 of INTERPOL’s Constitution. What matters is the substance of the offence. If the underlying conduct constitutes an ordinary-law crime such as theft or assault, INTERPOL may accept the case, even if adjudicated by a court-martial. However, when the charges are closely tied to military discipline (e.g., desertion or insubordination), the situation becomes more complex and may lead to exclusion.

3. Ordinary Crimes Committed in Military Contexts – Permissible

INTERPOL distinguishes between military offences and ordinary-law crimes committed within a military environment. For instance, if a soldier murders an army base, it remains an ordinary-law offence. The military setting alone does not disqualify the case; the nature of the crime itself is determinative.

4. Acts Committed During Armed Conflicts – Generally Excluded

When alleged acts occur in the context of an armed conflict, INTERPOL usually refuses to process the request unless the conduct amounts to war crimes or other international crimes. For example, the killing of combatants or attacks on military targets, even if prohibited under national law, are generally viewed as military or political acts and fall outside INTERPOL’s remit.

5. International Crimes with Military Elements – Admissible with Caution

War crimes, genocide, and crimes against humanity, though often committed in military contexts, originate from international humanitarian law and not military codes. As such, they are processable by INTERPOL. Requests from international tribunals such as the ICC or ICTY carry particular weight. But, if another member country objects, INTERPOL may still block the data under its internal procedural safeguards.

Key Takeaway

INTERPOL is not a tool for enforcing military discipline or political motives. Its involvement depends on the nature of the offence, not the uniform worn, the court involved, or the conflict context. Only offences that clearly fall under ordinary-law pass the Article 3 test.