What’s International Law Got to Do With It? Transnational Law and the Intelligence Mission

The United States faces an immediate and continuous threat of terrorist attack using weapons of mass destruction, including nuclear weapons. The intelligence function and national security law, including international law--or more accurately transnational law--are central to addressing this threat. Indeed, international law is more relevant today in addressing this threat than it was before September 11. Part II of this article describes a continuum of contemporary threats to U.S. national security, with a focus on nonstate terrorism. Part III addresses the role of intelligence and national security law, and in particular law addressed to process, in combating these threats. Part IV addresses the relationship between the intelligence function and international law. Part V describes the responsibilities of the intelligence lawyer

Counter-terrorism and national security legislation reviews: a comparative overview

This paper outlines the key reviews of Australia\u27s counter-terrorism and national security legislation, followed by a more detailed comparison of the recommendations of the Independent National Security Legislation Monitor and Council of Australian Governments reports with each other and, where relevant, those of earlier reviews. Introduction Following the events of 11 September 2001 in the United States and the subsequent United Nations Security Council Resolution 1373 (2001), the Australian Government, in cooperation with the states and territories, embarked on a series of significant legislative reforms to respond to the threat of terrorism. The reforms included special powers for the Australian Security Intelligence Organisation (ASIO), a range of new offences and the introduction of a mechanism for the proscription of terrorist organisations. The London bombings in July 2005 prompted further reforms, including the introduction of the control order and preventative detention order regimes and additional police powers in relation to suspected terrorism offences. Given the extraordinary nature of the new powers granted and the reach of the new offences, which were designed to capture conduct in the early preparatory stages, the relevant legislation required that reviews be undertaken at certain junctures. In addition, the office of Independent National Security Legislation Monitor (INSLM) was established in 2010 to provide ongoing oversight of Commonwealth counter-terrorism and national security laws. Accordingly, there have been several significant reviews of Australia’s counter-terrorism and national security legislation, the most recent and comprehensive being those of the INSLM and the Council of Australian Governments (COAG) Review Committee. The Government is now embarking on a further series of national security reforms, the first part of which is contained in the National Security Legislation Amendment Bill (No. 1) 2014 (the Bill), introduced in the Senate on 16 July 2014. The Bill responds to recommendations on legislation governing the Australian Intelligence Community (AIC) made by the Parliamentary Joint Committee on Intelligence and Security in 2013. The Attorney-General has stated that the Bill is ‘just the first step’ and indicated that the Government would introduce further legislation to both respond to recent reviews and proactively address any other shortcomings it identified. On 5 August 2014, the Government announced it would soon be introducing further reforms to, among other things, remove sunset provisions from a range of legislation, expand the criteria for the proscription of terrorist organisations, lower the threshold for arrest without warrant for suspected terrorism offences and enable requests for the suspension of passports in certain circumstances. This Research Paper provides a brief overview of key reviews of counter-terrorism and national security legislation, followed by a more detailed comparison of the recommendations of the INSLM and COAG reports with each other and, where relevant, those of earlier reviews. It also provides information on how governments have responded to review recommendations

Transatlantic intelligence and security cooperation

Despite recent advances in transatlantic intelligence and security cooperation, significant problems remain. The bombings in Madrid in March 2004 have demonstrated how terrorists and criminals can continue to exploit the limits of hesitant or partial exchange to dangerous effect. Intelligence and security cooperation remain problematic because of the fundamental tension between an increasingly networked world, which is ideal terrain for the new religious terrorism, and highly compartmentalized national intelligence gathering. If cooperation is to improve, we require a better mutual understanding about the relationship between privacy and security to help us decide what sort of intelligence should be shared. This is a higher priority than building elaborate new structures. While most practical problems of intelligence exchange are ultimately resolvable, the challenge of agreeing what the intelligence means in broad terms is even more problematic. The last section of this article argues that shared NATO intelligence estimates would be difficult to achieve and of doubtful value

Strengthening Cooperation among Intelligence Agencies in the Enforcement of Law on Terrorism: The Case of Indonesia

The development of global, regional and national situations related to terrorism is dynamic and complex affecting national stability and security. It requires optimal and effective action from the government. The complexity of counter-terrorism requires the synergy of all parties. Strengthening cooperation between intelligence agencies can solve the current threat of terrorism. This article aims to propose intelligence cooperation and present the concept of intelligence synergy within the framework of law enforcement in combating terrorism in Indonesia. The article is descriptive qualitative research. It employs in-depth interviews and literature study as a data-gathering technique. Using collaborative governance theory, the article argues that to realize synergy between intelligence agencies, all Indonesian intelligence agencies need to conduct joint action procedures and hold joint terrorism countermeasures exercises, and related activities aimed at creating a common perception and eliminating rivalry among the agencies

Towards National Security and Peace: The Strategic Role of Libraries

This article is aimed at examining the causes of insecurity and violence in Nigeria and around the world. It discusses the active roles libraries play in promoting peace and security in different countries. It highlights the fact that several threats to lives, ranging from terrorism, communal and tribal clashes, kidnapping, pollution, health, physical and environmental hazards, and economic crisis amongothers, can be curbed through information and intelligence services. Premised on these, this article seeks to analyze and make recommendations for the promotion of literacy by libraries, build collaborative relationships between librarians and security operatives, and provide suggestions for the provision of current information against terrorism and security of lives and properties. It also seeks to provide current news on terrorism and intelligence services in Nigeria and around theworld, and on social and national security for peaceful co-existence in communitie

Acquiescing to terrorism

Terrorism is essentially a political and psychological strategy that relies for its enduring impact on catalysing a militaristic and utilitarian counter-terrorism response to misperceptions of a grave and imminent threat. Decisive and expedient counter-terrorism strategies post 9/11 have required significant compromises to a range of long-established democratic principles and institutions, including altering the delicate balance between civil liberties and national security in favour of strengthening and extending the state\u27s security and intelligence capabilities. While the expansion of the state\u27s surveillance powers and capabilities has obvious implications for individual privacy and civil liberties, burgeoning securitization and the expansion of the secret state has significant potential to permanently undermine essential democratic accountability. Democratic legitimacy is predicated on the capacity of citizens to periodically hold elected representatives to account for the public actions and performance of government. The capacity for democratic accountability is seriously impeded when a growing number of the government\u27s key functions are undertaken in secret. The powerful emotional and fearful dimensions of the spectre of terrorism poses diabolical dilemmas for Australia\u27s elected political representatives. In the face of perceptions of a grave and imminent threat to national security there is great electoral advantage in appearing strong and decisive, particularly when the first duty of government is to protect its citizens. Any suggestion of scepticism, caution or nuance on national security by elected representatives is immediately interpreted as weakness by sections of the media and poses enormous political risks. This treacherous political environment demands unquestioning bipartisan support for Team Australia\u27s utilitarian approach towards counter-terrorism and acceptance of a simplistic us/them conflict paradigm. In such an environment there are few opportunities for informed and objective public debate on complex or sensitive issues or matters of principle, let alone critical consideration of the justification, cost, effectiveness and implications of existing counter-terrorism measures

PENANGGULANGAN TINDAK PIDANA TERORISME ANTARA INDONESIA DENGAN IRAK

This research aims to analyze the comparison of counter-terrorism policies between Indonesia and Iraq. This research is a descriptive normative legal research. Legal materials consist of primary and secondary legal materials obtained through literature study. The approaches used include legislative approach, conceptual approach and case approach. Based on the results of the research, it is known that the differences in counterterrorism between Indonesia and Iraq lie in the security context, regulations and institutions that handle acts of terrorism. The similarities include using intelligence approach, prioritizing national security, and the existence of counterterrorism agency. As for the researcher's suggestions, first, strengthen the authority of the National Counterterrorism Agency (BNPT). Second, revise the rules related to the State Institutions that handle Terrorism, and strengthen efforts in preventing terrorism in the wider community, regarding radicalism, extremism, which threatens the stability of the State.Keywords: terrorism, crime, countermeasures. Keywords: terrorism; crime; countermeasures

Serviҫo Nacional Inteligência; Hambatan, Tantangan, dan Implikasinya Terhadap Keamanan Nasional di Timor Leste

This research is a strategy to improve the performance of National Serviço Intelligence (SNI) in carrying out national security in Timor Leste. The influence of globalization that is increasingly felt throughout the world today has prompted some people to question the existence of the National Intelligence Service (SNI) in facing internal and external threats with professionals. The research method used in this research is descriptive qualitative data collection, namely interviews, observations, group discussions and documentation. The conclusion of this research is that Serviço Nacional Intelligence (SNI) plays a role in producing information that contributes to maintaining national independence, national interests and external security, as well as ensuring internal security in preventing sabotage, terrorism, espionage and organized crime. However, the low quality of human resources, lack of budget, and limited facilities and infrastructure are obstacles and challenges for the Serviço Nacional Intelligence (SNI) in maximizing it as a government information agency

The Role of Intelligence in Law Enforcement for Combating Terrorism Cases in Indonesia

Intelligence is defined as information or knowledge needed to guarantee national security. Intelligence information is needed to read and analyze the movements of terrorist groups, to prevent and minimize the impacts that arise in counter-terrorism efforts. Preliminary evidence from intelligence reports authorizes Special Detachment 88 to arrest suspected terrorists. This research is a case study research that aims to analyze the role of intelligence in countering terrorism in Indonesia in the Thamrin Bombing, the Poso violence, and the Bombing in front of the Cathedral, Makassar. This research finds that intelligence has a very significant role in countering terrorism in Indonesia. However, this role is hampered by the limits of authority and responsibility that can be carried out by the Intelligence Agency or Agency. This condition can be overcome by the synergy between intelligence organizations and counterterrorism agencies in Indonesia. In addition, intelligence can also be given the authority to take priority actions for early prevention

The Fourth Amendment\u27s National Security Exception: Its History and Limits

Since 2001, federal prosecutors have indicted and convicted hundreds of defendants for terrorism, espionage, and other national security crimes.\u27 And for every prosecution, there are dozens of investigations into foreign threats that never result in a trial. Between 2001 and 2010, for example, the federal government obtained 16,306 foreign intelligence warrants in the course of its security operations. Between 2004 and 2011, the Federal Bureau of Investigations ( FBI ) issued 119,192 National Security Letters for records deemed to be pertinent to national security investigations. Despite these numbers, security investigations and prosecutions proceed on uncertain constitutional footing. The rights of terrorism suspects to receive Miranda warnings, confront accusers, and obtain civilian trials are unclear.6 Similar constitutional questions surround the Fourth Amendment and its application to national security matters. The balance between the Fourth Amendment\u27s protections and the President\u27s inherent power to defend the nation has become a focus of litigation in recent years yet still remains murky. To clarify the constitutional parameters of national security investigations, this Article examines the Fourth Amendment\u27s historical influence in security affairs. Claims about historical practice pervade debates over modern surveillance programs, including those about the Bush Administration\u27s warrantless wiretapping program and recent amendments to the Foreign Intelligence Surveillance Act ( FISA ). These historical treatments remain cursory, however, and have failed to detail how the Fourth Amendment regulated national security operations in the pre- September 11 era