Intelligence as Democratic Statecraft

Author(s):  
Christian Leuprecht ◽  
Hayley McNorton

Democracy needs to be defended, and intelligence is the first line of defence. However, the liberal-democratic norm of limited state intervention in the lives of citizens means that security and accountability are in tension insofar as their first principles are diametrically opposed: whereas openness and transparency are hallmarks of democratic governance, operational secrecy—in relation to other states, to democratic society, and to other parts of government—is the essence of intelligence tradecraft. Intelligence accountability reconciles democracy and security through transparent standards, guidelines, legal frameworks, executive directives, and international law. Evolving executive, legislative, judicial, and bureaucratic mechanisms for intelligence oversight and review have become a distinct feature of democratic regimes. Over recent decades legislative and judicial components have been added to complement administrative and executive accountability. Using a most-similar systems design to compare intelligence accountability in the United States, the United Kingdom, Canada, Australia, and New Zealand, this book expands compliance as the sine qua non of intelligence to gauge effectiveness, efficiency, and innovation across the intelligence community. In the context of changing technology and threat vectors that have significantly affected, altered, and expanded the role, powers, and capabilities of intelligence, this book compares the institutions, composition, practices, characteristics, and cultures of intelligence accountability systems across the world’s oldest and most powerful intelligence alliance. In an asymmetric struggle against unprincipled adversaries, accountability has to reassure a sceptical public that the intelligence and security community plays by the same rules that democracies are committed to defend.

1965 ◽  
Vol 6 (2) ◽  
pp. 71-86 ◽  
Author(s):  
L. C. Green

Ever since its establishment Indonesia has been notorious for its disregard of international law and world opinion as expressed through the United Nations. The recent policy of confrontation to crush Malaysia is merely the culmination of a series of posturings by Asia's sawdust Caesar.As long ago as early 1945, in the latter days of the Japanese occupation, Soekarno was outlining his views of the Indonesia to be. In February and May of that year he participated in a conference of Indonesian nationalists summoned by the Japanese to discuss the State to be created. Soekarno spoke in a way that is more expected of predatory imperialists than of anti-colonialists believing in selfdetermination. Like Mussolini, who was always harking back to ancient Rome, Soekarno referred to an ancient empire of the Middle Ages which he wished to see revived. Indonesia was to be a restoration of this, consisting not merely of the Dutch colonies which the Japanese occupied, but also of Malaya, Singapore, Sarawak, Borneo, Brunei, the Philippines and southern Thailand. In those days at least, Soekarno paid lip service to both international law and the realities of a political situation, recognising that in so far as Malaya, Singapore and the Philippines were concerned there might be difficulties with the United Kingdom and the United States.


Obiter ◽  
2018 ◽  
Vol 39 (3) ◽  
Author(s):  
Eesa A Fredericks

This series of two articles provides a comparative overview of the position in the common-law conflict of laws in respect of the contractual capacity of natural persons. The comparative study is undertaken in order to provide guidelines for the future development of South African private international law. Reference is primarily made to case law and the opinions of academic authors. The legal position in the law of the United Kingdom, as the mother jurisdiction in Europe, is investigated in part I. Although Scotland is a mixed civil/common-law jurisdiction, the situation in that part of the United Kingdom is also discussed.Part II will deal with the rules and principles of private international law in respect of contractual capacity in Australasia (Australia and New Zealand), North America (the common-law provinces of Canada and the United States of America), Asia (India, Malaysia and Singapore) and Africa (Ghana and Nigeria). Part II also contains a comprehensive summary of the legal position in the common-law countries, followed by ideas for the reform of South African private international law in this regard.


Author(s):  
Alessandro Mario Amoroso

Abstract Domestic law, case law and policies play a decisive yet underestimated role in ensuring that partnered operations are carried out in compliance with international law. Research on the legal framework of partnered operations has so far focused on clarifying existing and emerging obligations at the international level. Less attention has been devoted to understanding whether and how domestic legal systems integrate international law into national decision-making which governs the planning, execution and assessment of partnered operations. This article tries to fill the gap by focusing on the practice of selected States (the United States, the United Kingdom, Denmark, Germany and Italy), chosen for their recent or current involvement in partnered operations. By using the International Committee of the Red Cross's “support relationships” framework and based on a comparative analysis of practice, the study seeks to evaluate the effectiveness of national laws, case law and policies according to their ability to prevent or mitigate the risk of humanitarian consequences posed by partnered warfare.


Author(s):  
Ahdar Rex ◽  
Leigh Ian

This chapter first considers the broad nature of ‘religious freedom’. It then outlines the various systems of constitutional protection for religious liberty in different nations such as the United States, the United Kingdom, Canada, and so on, as well as the guarantees in international law for religious rights. Next, it explores the difficult question of how one defines ‘religion’ for the purpose of recognizing religious liberty.


Author(s):  
Ashley S. Deeks

The lack of certainty about the precise status of various intelligence activities in international law fosters conditions under which states can choose—and have chosen—different paths through the thicket. This chapter compares how certain states’ intelligence communities (ICs) approach their international law obligations. The United Kingdom asserts that its IC’s activities comply with international law. The United States, in contrast, implies that certain IC actions may violate international law, though it avoids specific public statements about such deviations. This chapter identifies and analyzes the problems and benefits posed by the competing approaches and offers lessons about the capacity of international law to constrain core national security activities.


Author(s):  
Christian Leuprecht

This chapter uses a comparative approach to identify findings among accountability systems across the Five Eyes intelligence community. Commonalities and trends of convergence in intelligence accountability are relevant for and beyond the United States, the United Kingdom, Canada, Australia, and New Zealand. These observations show challenges and opportunities in democracies to reconcile the different logics that inform security and rule-of-law systems. It begins by comparing across types of accountability: review, oversight, compliance, and benchmark criteria such as reasonableness, propriety, proportionality, necessity, efficiency, and effectiveness. Specifically, the comparative findings suggest potential for innovation to play a greater role in signalling trends to governments and improving consistency and quality. The chapter then compares types of accountability bodies and commissions. The remainder of the chapter compares attributes of accountability: mandates, appointment processes, and qualifications for membership, reports, powers, access to information, security requirements, and procedural discretion. It closes on the emerging need to coordinate accountability across an intelligence system. Coordination within an accountability system allows accountability bodies to avert duplication, fill accountability gaps, and help inform each other about issues of potential importance. Coordination and de-confliction are essential for maximizing overall efficiency and effectiveness of accountability systems where mandates of multiple bodies may overlap or conflict.


2010 ◽  
Vol 59 (3) ◽  
pp. 814-823 ◽  
Author(s):  
Nigel D White

This short article considers the two primary legal frameworks that can operate to control decisions by a State, in this case the UK, to deploy troops to conflict or post-conflict zones—British constitutional law and international law, and how they have both been thrown into sharp relief by the continuing debate about the possible adoption by the House of Commons of a non-statutory war powers resolution.


2017 ◽  
Vol 49 (4) ◽  
pp. 735-738 ◽  
Author(s):  
Lamya Khalidi

After losing control of the capital Sanaa to Yemen's northern Houthi movement, which is aligned with forces loyal to the former president ʿAli ʿAbd Allah Salih, current Yemeni President ʿAbd Rabbu Mansur Hadi turned to Saudi Arabia for help. In March 2015, Saudi Arabia and its coalition of nine states began a bombing campaign in Yemen, the poorest country in the Arab world. Prior to the conflict, Yemen was already 90-percent dependent on imported food and had been battling a severe water deficit. A twenty-eight-month-long siege of its civilian population has left the country in a situation that some humanitarian groups deem to be worse than the crisis in Syria. The media has barely covered Yemen's catastrophic crisis, partially because of overt censorship by the Saudi kingdom and a shielding of its systemic violations of international law by powerful allies including the United States, the United Kingdom, and France. These countries are clearly more concerned with billion-dollar arms deals with the kingdom than with putting an end to what has been described as the worst food crisis since the establishment of the United Nations.


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