‘Within or outside Canada’: The Charter’s application to the extraterritorial activities of the Canadian Security Intelligence Service

Since the swift passage of the Anti-Terrorism Act in 2015, the Canadian Security Intelligence Service (CSIS) has had the unprecedented and highly controversial authority to take ‘reasonable and proportionate’ measures to reduce threats to Canadian security. While there are some limits to the types of measures CSIS can employ, the Canadian Security Intelligence Service Act permits the use of measures that would otherwise contravene the laws of Canada or limit a right protected by the Canadian Charter of Rights and Freedoms so long as they are judicially authorized by the Federal Court. As new threats proliferate around the world, it is anticipated that CSIS will increasingly carry out this mandate overseas. Yet review bodies tasked with monitoring CSIS’s use of threat reduction measures (TRMs) report that CSIS has never sought judicial authorization to conduct a TRM. Why? One answer may be that CSIS has concluded that the Charter does not govern actions carried out abroad, and, as such, their extraterritorial conduct falls beyond the reach and oversight of the Federal Court. Whether the Charter applies to CSIS’s overseas conduct ostensibly lies in the Supreme Court of Canada’s leading case on the extraterritorial application of the Charter, R. v Hape. This article canvasses domestic and international law, as well as intelligence law theory, to explain why that presumption is wrong. Wrong, not least because the majority opinion in Hape is deeply flawed in its analysis and application of international law. But also, because intelligence operations are so distinguishable from the transnational criminal investigations at issue in Hape, the Court’s findings are inapplicable in the former context. In short, this article demonstrates that applying Hape to the actions of CSIS officers not only leaves their actions beyond the scrutiny of Canadian courts but also creates a significant human rights gap.

Rebecca West and the Double Agent

This essay will explore the figure of the double agent as it tests notions of citizenship mid-century, specifically the clash or fusion of internationalist/nationalist definitions of citizen loyalty in the construction of the traitor ‘revolutionary’ citizen. It will be look at Kaminsky in Rebecca West's 1966 historical novel The Birds Fall Down as a late rewriting of the double agent, which West had theorized through her analyses of William Joyce (‘Lord Haw-Haw’)’s wartime propaganda and Stephen Ward in the Profumo Affair of the early 1960s. West's thinking draws on Hannah Arendt's writings on the double agent in Origins of Totalitarianism. The essay will explore both the political Cold War contexts that motivated West's return to Tsarist Russia and the double agent, and the feminist light cast on treacherous intelligence operations as forms of patriarchal control over women's bodies and minds. West is shown to be revising the double agent trope of spy fiction, reimagining the mole traitor as totalitarian fanatic revealing the extremes of hostile patriarchy and of male political desire.

Hybrid Warfare and the Challenges to the Conduct of Intelligence

The character of warfare has remained constant however its nature has been changing from time to time over the last twenty years. The traditional definition of warfare, explaining an exceptionally coordinated and prepared involvement of powers in the conflict, such as the Second World War, have become old fashioned and irrelevant. The Intelligence operations were moderately clear and defined through the Cold War era. There were two defined adversaries, both were superpowers, and existential dangers to public safety, both political and military (counting atomic), were generally straightforward. Indeed, even psychological warfare was 'less complex' as it was focused on a targeted audience and state associations utilizing strategies were notable. The post- 9/11 world is facing new and complex difficulties especially with regards to nature of warfare which has become Hybrid as well as countering techniques in terms of Intelligence operations.

Perang Semesta (Total War) Strategy for Preventing Terrorism Act (Study in Sultan Hasanuddin International Airport)

Total war is involving all national components such as citizens, territories and national resources in order to defend territorial integrity, sovereignty, and national security from any threats. One of these threats is the act of terrorism which endangers the unity, sovereignty and security of the nation. Acts of terrorism are carried out to create a terror with ideological, political and religious motives and are carried out in vital objects of the state, the environment, and public facilities. One of the vital objects of a country that is prone to acts of terrorism is an airport, which is a place for various activities such as the movement of aircraft, people and goods. Moreover, an airport is a very important infrastructure in supporting the national defense. In this study, the researcher took Sultan Hasanuddin International Airport, Makassar, as the research site considering that several large cases of terrorism and radicalism have occurred in the South Sulawesi region. The objective of this study is to analyze the total war strategy carried out in the Sultan Hasanuddin Airport area as an effort to prevent acts of terrorism at the airport as a vital national object. The research method used is qualitative. The data have been collected from interviews, observations and literature study. The results of this research are in preventing terrorism, a total war strategy that is implemented has three components, including the ‘ends,’ which could prevent the acts of terrorism in Sultan Hasanuddin Airport and strengthen the national defense. The ‘means’ which is manifested in all national components, both government and private agencies, military, police and civil society, as well as facilities and infrastructure. The ‘ways’ which is the intelligence operations, strengthening cooperation between the military and civilians, strengthening synergy between ministries / agencies, training, counseling, completing security tools to prevent acts of terrorism.

Observance of human rights in pre-trial detention centres of the penal enforcement system

The purpose of the scientific manuscript is to study the theoretical and practical aspects of the observance of human rights while serving a sentence in correctional institutions during law enforcement intelligence operations, including a stay in pretrial detention centers. The scientific analysis results reveal that one of the main tasks of correctional institutions is the correction of convicts. The serving of imprisonment in isolation from one’s society, family, and loved ones, within the specific context of correctional institutions, greatly affects convicts’ psyches while also enabling them to survive their stay in such institutions. In this context, the observance of human rights while staying in pretrial detention centers is of particular importance. The conditions depend both on the regime of the correctional institution and on the behaviors of the convicts. If they do not violate the established order and treat everything in good faith, then they are provided with incentives that stimulate correction and encourage lawful behavior in freedom.

Perang Semesta (Total War) Strategy for Preventing Terrorism Act (Study in Sultan Hasanuddin International Airport)

Total war is involving all national components such as citizens, territories and national resources in order to defend territorial integrity, sovereignty, and national security from any threats. One of these threats is the act of terrorism which endangers the unity, sovereignty and security of the nation. Acts of terrorism are carried out to create a terror with ideological, political and religious motives and are carried out in vital objects of the state, the environment, and public facilities. One of the vital objects of a country that is prone to acts of terrorism is an airport, which is a place for various activities such as the movement of aircraft, people and goods. Moreover, an airport is a very important infrastructure in supporting the national defense. In this study, the researcher took Sultan Hasanuddin International Airport, Makassar, as the research site considering that several large cases of terrorism and radicalism have occurred in the South Sulawesi region. The objective of this study is to analyze the total war strategy carried out in the Sultan Hasanuddin Airport area as an effort to prevent acts of terrorism at the airport as a vital national object. The research method used is qualitative. The data have been collected from interviews, observations and literature study. The results of this research are in preventing terrorism, a total war strategy that is implemented has three components, including the ‘ends,’ which could prevent the acts of terrorism in Sultan Hasanuddin Airport and strengthen the national defense. The ‘means’ which is manifested in all national components, both government and private agencies, military, police and civil society, as well as facilities and infrastructure. The ‘ways’ which is the intelligence operations, strengthening cooperation between the military and civilians, strengthening synergy between ministries / agencies, training, counseling, completing security tools to prevent acts of terrorism.