This book adopts a critical lens to look at the workings of Western intelligence and intelligence oversight over time and space. Largely confined to the sub-field of intelligence studies, scholarly engagements with intelligence oversight have typically downplayed the violence carried out by secretive agencies. These studies have often served to justify weak oversight structures and promoted only marginal adaptations of policy frameworks in the wake of intelligence scandals. The essays gathered in this volume challenge the prevailing doxa in the academic field, adopting a critical lens to look at the workings of intelligence oversight in Europe and North America. Through chapters spanning across multiple disciplines – political sociology, history, and law – the book aims to recast intelligence oversight as acting in symbiosis with the legitimisation of the state’s secret violence and the enactment of impunity, showing how intelligence actors practically navigate the legal and political constraints created by oversight frameworks and practices, for instance by developing transnational networks of interdependence. The book also explores inventive legal steps and human rights mechanisms aimed at bridging some of the most serious gaps in existing frameworks, drawing inspiration from recent policy developments in the international struggle against torture. This book will be of much interest to students of intelligence studies, sociology, security studies, and international relations.

This book examines the dynamics of intelligence practices in the Scandinavian culture of high social cohesion and high trust. Situated within the new body of scholarly literature, the book emphasizes critical empirical investigations of intelligence practices, highlighting the specific cultural settings of such practices. By providing Scandinavian perspectives on intelligence studies, the work distinguishes Scandinavian intelligence studies from the predominant Anglo-American perspectives. Throughout the Western world, the past two decades have generated a rapid expansion of the legal mandate, funding, and capabilities of intelligence agencies which, simultaneously, have been pushed to renegotiate and renew their legitimacy and democratic mandate in response to a recurrent pattern of scandals, leaks, and failures. While these tendencies are also evident in Scandinavia, the book argues that it is important to emphasize the unique context of cohesion and trust in state agencies that differentiates Scandinavian welfare states from the American (and to a lesser extent British) contexts. This book brings together scholars from Norway, Sweden, and Denmark to address the continuous renegotiation of the legitimacy of state intelligence as it plays out in a Scandinavian setting. This book will be of interest to students of intelligence studies, Nordic politics, security studies, and International Relations.

This book uses several case studies to demonstrate current problems with international extradition. These include political issues, time delays, jurisdictional problems, and conflict between surrender and the human rights of extraditees. The normative assumptions underpinning extradition ensure these procedures are more likely to prioritise international comity between nation states, rather than individual human rights protections. This creates a system with limited judicial relief for extraditees that require extensive proof of high human rights thresholds, as well as a prominent rule of non-inquiry, restrictive evidence regulations, and deference to the executive. The book argues that a defendant-centred approach to extradition reform is needed that prioritises a right to fairness as a core value for promoting global justice. This includes considering changes to enable greater post-extradition monitoring of extradited people and broadening rules for extraditees to submit evidence to support a claim against surrender. New and more viable extradition alternatives also involve transferring evidence to shift the trial to the location where most of the offending activity occurred and sentencing in the extraditee’s home jurisdiction. These proposals aim to counter the current unequal levels of authority that favour the power of both the requesting and requested state over the rights of the individual.

The fight against impunity has become a growing concern of the international community. Updated in 2005, the UN Set of Principles for the Protection and Promotion of Human Rights Through Action to Combat Impunity is the fruit of several years of study, developed under the aegis of the UN Commission on Human Rights and then affirmed by the Human Rights Council. These Principles are today widely accepted as constituting an authoritative reference point for efforts in the fight against impunity for gross human rights abuses and serious violations of international humanitarian law. As a comprehensive attempt to codify universal accountability norms, the UN Set of Principles marks a significant step forward in the debate on the obligation of states to combat impunity in its various forms. Bringing together leading experts in the field, this volume provides comprehensive academic commentary of the 38 principles. The book is a perfect companion to the document, setting out the text of the Principles alongside detailed analysis, as well as a full introduction and a guide to the relevant literature and case law. The commentary advances debates and clarifies complex legal issues, making it an essential resource for legal academics, students, and practitioners working in fields such as human rights, international criminal law, and transitional justice.

This book addresses the development, and the challenges and impediments, to democratic oversight and review of the intelligence community in Australia, Japan, Canada, New Zealand, the US and UK. The promotion of democratic oversight of the intelligence community has gained renewed significance in the aftermath of 9/11.

Many Americans have condemned the “enhanced interrogation” techniques used in the War on Terror as a transgression of human rights. But the United States has done almost nothing to prosecute past abuses or prevent future violations. Tracing this knotty contradiction from the 1950s to the present, historian Alfred W. McCoy probes the political and cultural dynamics that have made impunity for torture a bipartisan policy of the U.S. government. During the Cold War, McCoy argues, the U.S. Central Intelligence Agency covertly funded psychological experiments designed to weaken a subject’s resistance to interrogation. After the 9/11 terrorist attacks, the CIA revived these harsh methods, while U.S. media was flooded with seductive images that normalized torture for many Americans. Ten years later, the U.S. had failed to punish the perpetrators or the powerful who commanded them, and continued to exploit intelligence extracted under torture by surrogates from Somalia to Afghanistan. Although Washington has publicly distanced itself from torture, disturbing images from the prisons at Abu Ghraib and Guantanamo are seared into human memory, doing lasting damage to America’s moral authority as a world leader.

Despite the harsh treatment that can befall collaborators in armed conflict, and despite collaboration often not being voluntary, international law leaves unanswered the ethical questions posed by those who join with the enemy. Shane Darcy explores the issue, calling for a much needed assessment of the protections granted to collaborators in war.

This book adopts a critical lens to look at the workings of Western intelligence and intelligence oversight over time and space.

When faced with those who act with impunity, we seek the protection of law. We rely upon the legal system for justice, from international human rights law that establishes common standards of protection, to international criminal law that spearheads efforts to end impunity for the most heinous atrocities. While legal processes are perceived to combat impunity, and despite the ready availability of the law, accountability often remains elusive. What if the law itself enables impunity? Law's Impunity asks this question in the context of the modern Private Military Company (PMC), examining the relationship between law and the concepts of responsibility and impunity. This book proposes that ordinary legal processes do not neutralise, but rather legalise impunity. This radical idea is applied to the abysmal record of human rights violations perpetrated by the modern PMC and the shocking absence of accountability. This book demonstrates how the law organises, rather than overcomes, impunity by detailing how the modern PMC exploits ordinary legal processes to systematically exclude itself from legal responsibility. Thus, Law's Impunity offers an alternative to conventional thinking about the law, providing an innovative approach to assess and refine the rigour of legal processes in the ongoing quest to end impunity.