BEWARE THE GIFT OF POISON FRUIT
Intelligence sharing networks should require
minimum guarantees
Intelligence sharing networks have greatly increased in the years
since 2001. At the UN, the Counter-terrorism Committee declared
one of the aims to be to further develop intelligence-sharing and
cooperative action between agencies, indicating that the growth of
such networks is likely to continue. 53
Recognising that intelligence networks should share information,
robust professional standards, grounded in international law, should
govern their operation. Such networks should work to improve the
standards of less professional agencies in the network, in a process
labelled as ‘acculturation’, by commentators Ryan Goodman and
Derek Jinks. 54 Elizabeth Sepper supports the approach, explaining
by example: “if Jordanian intelligence understands that complying
with standards like caveating for reliability or not sharing information
obtained through torture is a precondition for inclusion and good
reputation in the network, it will obey the standards out of a desire
to join or become a respected member of the group.”55
Requiring such standards from partners will inevitably cause some
agencies to hesitate before sharing information. Nevertheless, the
misuse of information and any human rights abuses such as torture
that are solicited through requests for information will have the
same effect, and reduce the effective capability of the intelligence
agency.
Intelligence oversight
Oversight of cooperation agreements is a crucial element of civilian
control in a democratic State. Oversight has been criticised for
being unable to consider the ‘originator control’ or ‘third party rule’
of intelligence cooperation. These rules require that the originator
limits the use and sharing of intelligence, including to third parties
such as oversight bodies. However, even if these rules are carefully
Sir Jeremy Greenstock, press conference, 19 October 2001, as quoted in M.
Herman, ‘Ethics and Intelligence after September 2001, in in J. Goldman (ed.),
Ethics of Spying (Volume 2) (Scarecrow Press, Lanham: 2010), pp.103–120, at 111.
54
E. Sepper, ‘Democracy, Human Rights and Intelligence Sharing’, Texas International
Law Journal, Vol. 46:151, 2010, 151–207, at 163.
55
E. Sepper, ‘Democracy, Human Rights and Intelligence Sharing’, Texas International
Law Journal, Vol. 46:151, 2010, 151–207, at 164.
53
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