A New Intelligence Paradigm and the European Union Damir Črnčec ABSTRACT Purpose: The purpose of the article is to analyze and present the new intelligence paradigm and the importance of modern trends in the area of intelligence. Particular focus is given to the establishment of the intelligence architecture of the European Union. Design/Methodology/Approach: For this article, key qualitative methods, the descriptive method and contents analysis, as well as primary and secondary written sources, were applied. In analyzing intelligence activity in the European Union, the method of direct participant observation was used to obtain relevant information from practice. Findings: The intelligence sphere is witness to profound changes which are the consequence of a changed strategic security environment, globalization and information technology. Long before the terrorist attacks of 11 September 2001, experts had led discussions on changes to intelligence activity during the information age. The September attacks themselves represent a unique stimulant for the new intelligence paradigm which is comprised of trends that have recently appeared in the area of intelligence activity. There are at least seven of these trends impacting upon intelligence service operations. The trends include processes, such as the transformation of national intelligence and related structures. The aim of the transformation is to ensure better coordination, data evaluation and dissemination to users within the shortest time possible. This also applies to the European Union as an important factor in the changed modern security environment which has been marked by globalisation, normalization and the increasingly transnational character of security threats. Intelligence activity in the European Union is, however, given insufficient attention by experts in the field. In recent years, we have witnessed a strengthening of intelligence capabilities within the European Union, either through the Satellite Centre, the Situation Centre or the Intelligence Directorate of the EU Military Staff. To this purpose, the comprehensive intelligence-analytical capability has been used since the beginning of 2007, the basic purpose of which is to provide all EU users with the best possible analytical product. Directly linked with the establishment of new operational modes of intelligence bodies is also the modification of their culture of secrecy. As part of the new intelligence paradigm, the EU intelligence structures are now replacing and upgrading the “need-toknow” principle with that of “need-to-share”. 147 VS_2009_01.indd 147 23.3.2009 10:05:42 A New Intelligence Paradigm and the European Union Research limitations/Implications: The article deals with topics which by their very nature are limited, since researching the area of intelligence involves the clash of scientific interest and requirements for secrecy. Practical implications: The article informs the widest circles of interested public, from academics to key players within the national security system, that Slovenia has become active in the intelligence environment of the European Union. Originality/Value: The article provides an overview of modern trends and challenges in the area of intelligence. It describes the place of intelligence activity in the European Union and presents the role of Slovenian intelligence structures vis-à-vis the EU in a comprehensive, schematic and original manner. UDK: 351.746.1 Key words: Single Intelligence Analysis Capacity, European Union, Intelligence Directorate, need to share, need to know, new intelligence paradigm, Satellite Centre, Situation Centre 1 INTRODUCTION Modern security threats are very similar to the threats of the past, yet they differ in their increased expansion and dispersion ability. This type of ability is the result of modern processes, such as globalisation and normalization. As with the proliferation of weapons of mass destruction, terrorism is not a new terrorist threat. What is new are the changes to the strategic circumstances where these modern threats are being manifested. Terrorism now has a global dimension and embraces modern technology, making it no longer an activity of purely local or regional significance. Similarly, changes have occurred in relation to the proliferation of weapons of mass destruction. With the dissolution of the state possessing great quantities of these weapons (for example, in the case of the Soviet Union), new opportunities have emerged for the dispersion of these weapons to various groups that are also prepared to sacrifice numerous civilian lives to achieve their goals. The area of the former Soviet Union is however not the sole originator of these assets. The time we live in is, therefore, characterized by the global and transnational character of such threats. Consequently, intelligence services also have to adjust. Changes to the intelligence environment can be explained through a new intelligence paradigm. The new intelligence paradigm is a framework of changes in the area of intelligence not only of individual countries, but also at the level of international organizations, such as NATO and the European Union. Having no intelligence services of their own, these organizations have in-house intelligence capabilities and depend on intelligence support from member states. In such times of changed globalised security, it has become clear that small groups and individuals can pose a direct threat to and jeopardize even the largest countries. The most tragic and widely known example is the use of the internet by 148 VS_2009_01.indd 148 23.3.2009 10:05:42 Damir Črnčec various terrorist organizations. Having established that, prior to terrorist attacks on 11 September 2001, terrorists had been using the internet as their means of communication, the US had seriously considered the possibility of disassembling it. The issue of how to implement this and whether it is possible or not is, of course, another thing. The term interdependence is used to define mutual dependence upon each other and describes associated power dynamics as that of asymmetric interdependence (Keohane, 2002: 276). The relations between various countries, each in possession of their own military potential, cannot be referred to as asymmetric interdependence1. In the aftermath of 11 September 2001, international terrorism showed that it can utilize two types of asymmetry to attain its goals. The first is that of asymmetry of information. It may seem paradoxical that the modern information society of the US is in a worse position, in terms of information, than a network of individuals presumably using hand-written messages and personal conversations as their means of communication. Yet the information society is also an open society. Potential terrorists have good information about their targets, whereas the US had poor information about the activity of terrorist networks in Western societies. The second asymmetry is the asymmetry of values. Certain terrorists believe that they will be awarded for their suicidal attacks in their afterlife. Volunteering for terrorist attacks and their execution against civilian populations is in contradiction with the secular values of the societies attacked by Al-Quaeda. It has become evident that even the most powerful country in the world can be vulnerable to small terrorist groups because of asymmetric interdependence. Too much attention has been accorded to the importance of the state and too much power has been accumulated (Keohane, 2002). All these new, changed circumstances now require the establishment of new ways of responding to security challenges, through the prism of the new intelligence paradigm. The effects of processes such as globalisation, information technology and the increasingly transnational character of modern security threats, have presented entirely new challenges to the bodies engaged in information-gathering, i.e. bodies dealing primarily with intelligence activity. The traditional method of data collection, processing and dissemination has proved inappropriate, too narrowly specialized, rigid and dependent on strict compliance with the need to know doctrine. Combined, these factors added a new dimension to the 9/11 attack after it became clear that available data about the preparations were not, for various reasons, adequately processed and disseminated to responsible authorities. At the same time, intelligence services were put in a non-competitive position with the media that can transmit information live from a particular scene. In this way, the decision makers are at a disadvantage when they are required to comment upon events without being informed by the bodies responsible for their support. Similarly, tactical events change into strategic events with help of the media and information technology. The asymmetry of the involved structures and reactions is evident in the fact that the action of the Marine Corps Squad had to be commented upon by the President. The tragic event triggered by a squad of US marines received such public attention that President Bush made a public promise to investigate 1������������������������������������������������������������������������������������������������� The US was not vulnerable, asymmetrically, to the Soviet Union (Russia). To the contrary, vulnerability was uniform as a result of the nuclear potential. 149 VS_2009_01.indd 149 23.3.2009 10:05:42 A New Intelligence Paradigm and the European Union the event and punish the culprits2. Kotnik-Dvojmoč (2002: 178) suggests that, “It is obvious that we will be facing an increasing number and variety of security risks and threats, more institutions in charge of their management, and with an increasingly weaker public, expert and even scientific consensus about what the most important future issues are, which is of particular concern“. The concluding part of these considerations from 2002 is still highly relevant today, especially in terms of the analysis of the new intelligence paradigm. 2 NEW INTELLIGENCE PARADIGM In the period following 11 September 2001, the strategic environment has been characterised by globalisation, normalization and the global ’war on terrorism‘3. The terrorist attacks on the US on 11 September 2001 are a key events that triggered the changing of intelligence activity methods within the public sector. Following the initial shock of 11 September 2001, questions arose about the functioning of intelligence services and their failure to prevent terrorist attacks on the US. The critiques were shaped after the report issued by the mixed Senate Commission which, in addition to several other findings, also stressed the fact that the data were available but inappropriately processed, as well as that intelligence structures did not exchange them, and possessed no adequate sources of information4. Intelligence services were confronted with new challenges regarding both structure and content. The issues of whether we are properly organized and structured and of how we deal with the adversary appropriately, are important, yet represent just a small portion of the mosaic of the new intelligence paradigm. Previous arrangements were not suited for this new information age and were based on classic adversaries, classic threats and the classic modus operandi. Now that the number of classic adversaries and threats has decreased, the operation mode should be changed and, what is more important, an entirely new framework for addressing the threats of the information age should be implemented. The scene was set for change, and funds and conceptual solutions have been put in place. The time has come now for a new intelligence paradigm. The new paradigm is composed of trends which have appeared recently in intelligence activity. There are at least seven trends which impact on the nature of intelligence service operations. The first trend has already been mentioned. It refers primarily to the transformation of national intelligence and related structures. The most obvious 2 3 4 In November 2005, a Marine Corps Squad ran into a bomb by the roadside in Hadita, Iraq, the explosion of which killed one and injured two marines. The marines then killed 24 civilians in nearby houses, including women and children. There were attempts afterwards to cover up the crime, but after discovery by the media a comprehensive investigation was carried out resulting in four charges of murder and four charges of conspiracy. ’War on terrorism‘ is a term used in the US after 9 September 2001. The terminology has been adopted by numerous countries, including the United Kingdom. European countries were generally very sceptical about this term. Slovenia has likewise retained a critical distance. As terrorism represents a threat to national security in the US, it involves the use of all resources, including the military. In 2007, the United Kingdom decided to abolish the use of the phrase ‘war on terrorism’. The 9/11 Commission Report (2004). 150 VS_2009_01.indd 150 23.3.2009 10:05:42 Damir Črnčec example of this trend is the transformation of the largest intelligence community, i.e. the US intelligence community. The aim of the transformation is to ensure better coordination, data evaluation and their dissemination to users within the shortest time possible. The first trend is directly linked with the second trend which expands the obligations and powers for data-gathering by intelligence services, most often through substantial encroachment on human rights and freedoms. The third emerging trend is a requirement for intelligence and evidence with forensic value. This trend is posing a whole range of new challenges to intelligence services. Data obtained through technical means require accurate and quality processing within a very short period of time, finalization to an appropriate evidentiary level and then dissemination to clients within the shortest time possible. The fourth trend is linked with an increased capacity for the transmission of large amounts of data and information, which often makes intelligence services unable to compete with the means designed for transmission of data and information, such as television, radio, internet and telephone calls (conversations, SMS), which represent the most frequent medium for exchanging the news. The fifth is embedded in the spirit of the flattened world, flattening access and usability of information technology allowing two billion people to use the internet in 2007, some of whom may misuse the internet to compromise the achievements brought by the internet itself. The sixth trend is the result and consequence of the penetration of the third and fourth trends into intelligence community. Intelligence services are required to support strategic, operational and tactical users with relevant information. The contents should be adjusted for use on different levels, taking into account that, in the information age, tactical moves in the theatre or during the execution of intelligence activity can have strategic implications. The seventh trend is closely linked with the first, yet it surpasses its sole national dimension. International cooperation in the area of intelligence, and within the framework of various supranational, security, regional or economic organisations has nowadays become more important than ever before. Modern intelligence trends are being harmonized with ’megatrends’ (Table 1) which differentiate between global and security changes during the Cold War period and the 21st century5. The common denominator of all these trends is of course man6 - individual, educated, qualified and permanently trained in his area of expertise, as well as in the use of information technology and the protection of human rights and basic freedoms. An individual who understands that the environment around him has changed, that the organization he works for and he himself need to change. Changes should include changing the culture of secrecy that has always been (and continues to be) one of the key guiding principles of intelligence services. It is essential, therefore, that collaboration within, and among, organizations, both domestically and internationally, is ensured. 5�������������������������������������������������������������������������������������������������� The above topics were presented by Terri Everret on behalf of the Office of the US National Intelligence Director at the Industry Conference in his presentation titled ’Procuring the Future‘ 21st Century IC Acquisition. 6 Innovatively, the Time magazine chose man as the ‘Person of the Year 2006’. An individual is a person mastering the information era and one who both creates and uses information age services. Time, 25.12.2006/1.1.2007. 151 VS_2009_01.indd 151 23.3.2009 10:05:42 A New Intelligence Paradigm and the European Union COLD WAR PERIOD 21st CENTURY Technology change Gradual Rapid Geopolitical environment Known Unpredictable/dynamic Budget/people Ample Limited/constrained Organizational structure Hierarchical Flattened, fluid, flexible Non-core functions In-house Outsourced Work environment Dedicated Virtual, telecommuting Employee mobility 30 years 3-5 years Risk taking Avoidance Management Low priority Rising priority Restricted Broadened Incidental Essential Environmental concerns Table 1: Megatrends Personnel security (Source: Everett, 2007: 6) Collaboration The culture of secrecy manifested through the need to know principle should be replaced and upgraded with the need to share principle. It is necessary to allow access to information to a wide circle of institutions that are involved in the process of ensuring national security, facilitated through information technology. A joint information network linking all institutions that function either as receivers or originators of information would be a welcome development. In itself, it is not enough for this new culture to be understood, defined in doctrines and then implemented by intelligence structures themselves. It should be a process directed by and adhered to by the entire intelligence community in the widest sense, including those using intelligence products, and coordinating, guiding or overseeing intelligence services7. The provision of real time intelligence to all decision makers in the public or private sector is crucial to contemporary societies and one of the key parameters for measuring the efficiency of a system. The conduct of military operations in the theatre has gained an entirely new dimension with the use of unmanned aircraft, 7���������������������������������������������������������������������������������������������� Such common information networks are known as systems of systems. These systems allow interoperability, integration and interdependence among various databases. Other challenges concerning the use of information technology achievements are derived from the appropriate use of managerial and human resources and the ability of unconventional thinking. The concept of intelligence power should, therefore, be properly adjusted (Herman, 2003). One of the key findings of the 9/11 report was that certain information was available, but was not submitted to appropriate addresses. The widest circle of users with the need to know should be granted access to databases interoperable via interfaces. In the past, databases, information systems were also developed within the intelligence community for individual clients who defined the standards, security measures and access modes, thereby aggravating or even disabling access to this information by other bodies within the intelligence community who were in need of such information. 152 VS_2009_01.indd 152 23.3.2009 10:05:43 Damir Črnčec such as Predator8, which can submit quality photos taken during a flight above an Iraqi village directly to the laptop of a soldier in the theatre and at the same time to the main command in Florida9, the Khatar regional command, Pentagon and probably to the CIA. Various analysts all around the world can simultaneously observe and interpret the event (Friedman, 2005, 2006: 39). The transmission of such a quantity of information directly to the field requires entirely new operational modes, and command and control in the military. It also forces modern armies to delegate the decision-making authority to lower command levels. A rigid, hierarchically structured organization such as an army should adjust to this, as it is becoming flattened according to Friedman. A more appropriate use of the term real time intelligence is the term near real time intelligence. The data obtained by Predator have a short time delay ranging from a second to a few seconds, therefore the term near real time has been used in practice. Needless to say that the basic pre-condition for the use of data in near real time is appropriate informationcommunications support, including sufficiently robust wide-band connections, adequate transmission signal and software and hardware on the ground and in the air. In modern security environment, intelligence services function not only in accordance with the new intelligence paradigm or the requirements for near real time intelligence, but are also an important tool of the state as smart power. Combining and balancing hard power (military) and soft power (diplomacy) means using power wisely (Nye, 2008)10. Hard and soft power may sometimes be mutually reinforcing but also contradicting. Using a proper combination of one or the other at the right time and place is art. Given the circumstances, intelligence activity can in itself become a supporting instrument for hard or soft power. The expectations that the use of hard or soft power will be replaced by wise power is inevitably linked with the fact that intelligence capabilities will be utilized in the same way. It is the new paradigm that makes this possible. The new intelligence paradigm and with the war on terrorism is also a test for human rights and basic freedoms. When analysing intelligence activity, special attention should be given to the protection of human rights and basic freedoms. In the information age it is necessary to establish a more efficient control system for human rights in the private sector. State institutions, including intelligence services, are supervised by a number of agencies although this does not always apply to the private sector. The dark side11 of the new intelligence paradigm, the unbalanced (illegal) interference with human rights aimed at justifying higher objectives should not 8 Predator is an unmanned aerial vehicle that can, in addition to various cameras, also carry guided missiles. The aircraft is remotely controlled by a pilot from a remote place, for instance from the Las Vegas Air Base, Nevada. 9 US Central Command in Tampa, Florida, is responsible for Iraqi operations. 10 For a detailed breakdown of the soft power concept, see Nye (2004). 11 Guantanamo can be used as a synonym for the dark side of the intelligence paradigm. Guantanamo is a physically separated and enclosed US military base on Cuba, which, as interpreted by the US federal administration, does not fall under the US legal jurisdiction. The base was, therefore, the scene of highly disputable methods of interrogation, regarded as torture by European and Slovenian definitions. Sleep denial, prolonged enclosure in isolated rooms and the notorious ’water board- 153 VS_2009_01.indd 153 23.3.2009 10:05:43 A New Intelligence Paradigm and the European Union be ignored. The dark side of the new intelligence paradigm is a less exposed part of intelligence activity in the European international environment. International intelligence collaboration has become a greater imperative than previously and has been supported through the development of the new intelligence paradigm. 3 INTELLIGENCE ACTIVITY AND INTERNATIONAL COOPERATION Multilateral cooperation includes several players which are not necessarily countries. Such cooperation often takes place under the umbrella of international organizations. According to some sceptics, this can be dangerous, as, with the increasing number of players in the exchange, the risks for data release (which impacts upon national security) are also high. International intelligence and security cooperation can be defined in terms of cooperation between civilian intelligence and security services and cooperation between security structures (police forces) and between military/defence structures. The systematic approach to cooperation in relation to intelligence and security were also described by Aldrich. Some multilateral intelligence and security Euro-Atlantic links were very important in the past, particularly from the perspective of countering covert intelligence activity. The period following 11 September 2001 was, however, mainly focused on cooperation in the fight against both terrorism and organized crime. Key organizations or groups here are the UKUSA Agreement, the CAZAB Alliance, the Kilowatt and Megaton systems, the Bern Group or Club and the Antiterrorist Group (Aldrich, 2004). The UKUSA12 Agreement was signed in June 1948 between the United States, the United Kingdom, Australia, Canada and New Zealand. Cooperation in the field of SIGINT also included the development of the ECHELON project initiated by the US National Security Agency. Its purpose is, within the global telecommunications network, to intercept e-mail, fax and telephone communications. The system controls non-military targets (governments, organizations, companies and individuals). It intercepts large quantities of information, analyzes them and with the help of precision software and hardware and extracts only selected data of interest. The data are selected on the basis of key words. As part of the CAZAB alliance, the joint analysis and exchange of intelligence on the Soviet Union began in the 1960s. The 1970s saw the establishment of two intelligence systems, Kilowatt and Megaton, by a group of countries who wished to exchange data on Middle East terrorism. The standard transatlantic partners of the systems were also joined by Norway, Israel and South Africa. Of all the systems for data exchange, the most persistent or permanent is the Bern group established in 1971. It originally involved six European security services, including the British Security Service, French DST, German BfV and ing‘ are just a few, high profile examples that are, in my opinion, wrongly defined as interrogation techniques. The US Supreme Court rejected the justification of Guantanamo and the newly elected US president Barack Obama has publicly stated that he was going to close down the base after his inauguration on 20 January 2009. He actually did that already two days after his inauguration. 12 See also Richelson (2008: 342-346). 154 VS_2009_01.indd 154 23.3.2009 10:05:43 Damir Črnčec Swedish SAPO. The director-level meetings are held twice a year and are not meant to be solely courtesy gatherings. In 2004, this group included 17 security services from EU member states that exchange data via UK-administered communication links. The club incorporates working subgroups dealing with individual specific problem areas such as terrorism and organized crime. After 11 September 2001, the Bern Club established a new organisation called the Counterterrorism Group (CTG). This is a separate body with a wide range of membership involving EU intelligence and security services, and additionally the services of the US, Switzerland and Norway. The first meeting of CTG was in November 2001. Currently, the most important activity of this group is the identification of threats posed by Islamic terrorism. Although not under direct jurisdiction of the EU, its analyses of security threats are available to individual senior EU committees. CTG has no formal seat, and its presidency rotates together with the EU presidency13. In 2004, a decision was taken for CTG to assume a significant intelligence-related role in the implementation of the European Declaration Against Terrorism. Also in May 2004, the group embraced new members from the intelligence services of the ten new EU member states. In respect of classic, or organized, crime there are institutions, such as INTERPOL, EUROPOL or EGMONT that deal with financial aspects of organized crime or terrorist organizations. The Schengen area, which Slovenia joined on 21 December 2007, on land and at sea14, is another important development. Full integration of the Schengen Agreement in Slovenia was completed on the night of the 29 March 2008. The key tool facilitating the implementation of Schengen rules is the Schengen Information System (SIS) - a common electronic database on warrants for persons and property. It deals with persons forbidden to enter the Schengen area who are being sought for the purpose of arrest or extradition, missing persons, as well as stolen vehicles and documents, money, weapons and marked money originating from criminal acts.15 Special attention should be given to the analysis of intelligence-related cooperation in two very important international organizations, i.e. NATO and the European Union. While the focus of cooperation, in the former, lies in defence and military sectors and the fight against terrorism, the second develops this cooperation equally, both in the civilian and military areas. In contrast to the European Union, intelligence activity represents an inherent element of NATO, as it was created as a security and political organization, while the EU has been built as an economic association. Particular attention will, therefore, be given to the development of EU intelligence activity in the remainder of the text, from the viewpoint of the new intelligence paradigm and the role of the state. 13 Slovenia took up the presidency of the CTG in the first half of 2008. 14 The basic idea of the Schengen Agreement, which was concluded in 1985 among five EU member states (Belgium, France, Luxembourg, Germany and the Netherlands) in a village in Luxembourg, is to ensure the right of free movement across internal borders. A countermeasure to this was stricter border control on external Schengen borders, intended primarily to stop illegal immigration, drug trafficking, human trafficking and other illegal activity. With the entry of Slovenia and six other countries, the total number of member states increased to 22. 15 Slovenia – a new member of the Schengen Agreement, Ministry of the Interior, Republic of Slovenia, Ljubljana, December 2007 (Slovenija – schengenska novinka, 2007). 155 VS_2009_01.indd 155 23.3.2009 10:05:43 A New Intelligence Paradigm and the European Union 4 INTELLIGENCE ACTIVITY AND THE EUROPEAN UNION It is a fact that neither the European Union nor NATO has an intelligence and security service of its own. There are bodies existing in both organizations dealing with the issues of intelligence, counterintelligence or security. The management of classified information is regulated in detail, while the intelligence and security activity remains the domain of member states of both organizations. Countries are still unwilling to delegate part of their sovereignty to supranational institutions such as the EU. However, modern threats and security challenges demand new forms and more effective ways of information exchange. The idea of developing some sort of a European version of the US intelligence agency, the CIA, appeared previously within the European Union and tend to emerge during incidents that affect the entire European Union. Such an example was the terrorist attacks in Spain in March 2003, which claimed more than 200 deaths and injured 1,500 others. The EU responded quickly and appointed a counter-terrorism coordinator responsible for enhanced cooperation amongst member states, EU working bodies and other relevant bodies. The main stress of their role is the exchange of intelligence information among member states that mostly oppose the establishment of a European intelligence service. Javier Solana, a high-ranking representative of the EU for common external and security policy, has proposed that the present Situation Centre of the EU Council, which collects and analyzes information on external risks, should do the same in the area of internal security threats. Continued cooperation remains imperative among the countries and their intelligence and security services, as does the efficient exchange of information to allow timely implementation of preventive measures. Prior to the year 2000, cooperation between intelligence services within the EU depended heavily on bilateral relations. Military intelligence cooperation started as part of the ESDP programme adopted at the Helsinki Summit in 1999. The EU intelligence architecture itself stems from the EU Brussels Summit in 1999, when the Policy Planning and Early Warning Unit were created16. Between 2000 and 2001, the establishment of the EU Military Staff followed which comprised an integrated intelligence component. The end of 2001 saw the endorsement of the ISTAR concept17 for EU-led operations. The future challenges of the EU were outlined in the EU Security Strategy entitled ”A Sustainable Europe for a Better World“. By the beginning of 2007, the development of EU intelligence activity became recognisable through the creation of common civilian, military, defence and analytical products. The products are made available to all key institutions within the EU and member states. As mentioned previously, discussions about the formation of a European CIA are revived occasionally, but the European intelligence agency still remains just an idea. In practice, the provision of a common European security and defence 16 This is now called the Office for Policy. 17 ISTAR is a concept defining full intelligence support to (military) operations. ISTAR is a part of intelligence cycle i.e. collection. The concept includes intelligence, surveillance, target acquisition and reconnaissance. 156 VS_2009_01.indd 156 23.3.2009 10:05:43 Damir Črnčec policy18 (ESDP) led to the creation of some institutions that dealt with the complete intelligence circle and others that dealt with specific parts of it. The only real EU intelligence capability is the Satellite Centre (SATCEN)19. SATCEN is an important and proven asset that provides support to EU missions and geospatial products to member states that are the result of the analysis of satellite images and other data. SATCEN plays an important role in ESDP by providing analysis of satellite imagery which can be essential for the success of military missions and the safety of military personnel. SATCEN priorities are derived from the European security strategy and include: monitoring of regional conflicts, threats by organized crime, terrorism and proliferation of weapons of mass destruction. It has also provided full support for EU operations in Bosnia and Herzegovina and the Democratic Republic of the Congo. Moreover, it is an important early warning tool as it simplifies informationgathering for the prevention of armed conflicts. SATCEN can also be guided by EU member states, and it commonly prepares documents for various international organizations, in particular for the UN20. SATCEN users can be divided into five groups21: −− EU Council and its bodies have direct relations mostly with the DG E VIII Directorate, EU Military Staff and the Situation Centre (SITCEN). In accomplishing these tasks, SATCEN provided support to 15 different EU missions ranging from PROXIMA in Macedonia to Congo. It is highly probable that it will support two important EU missions launched in the first half of 2008, i.e. EUFOR Chad and EULEX Kosovo. −− With 27 member states, SATCEN cooperates with various working groups and has expert exchange and internship programmes. −− The EU Commission may request from SATCEN products and services, and cooperates with the centre in joint research projects. −− Non-members of the EU (Iceland, Norway, Turkey and EU accession members) can request and receive products, and can also be involved in the direct implementation of SATCEN tasks. −− International organizations, for instance various bodies of the United Nations Organization, are important partners of the EU in crisis management and conflict prevention. Therefore, SATCEN has close cooperation with, and provides support to, the following UN bodies and operations: MONUC (operation in Congo), UNDOF (operation in the Golan Heights), UNDPKO (operation in Sudan – Darfur), UNMIK (Kosovo) and UNMOVIC (Iraq). Slovenia has been a full partner of SATCEN since 2004. The MoD representative is the national representative and member of the SATCEN supervisory board. SATCEN provides Slovenia with its products in CD and DVD format and these are stored in a dedicated digital library at the ministry. Some of the more recently 18 ESDP – European Security and Defence Policy 19 More on EUSC: www.eusc.europa.eu 20 EUFOR RD CONGO: The EU Satellite Centre (EUSC) in support of EU operations in the DRC (2007), European Security and Defence Policy (ESDP), January 2007 21 http://www.eusc.europa.eu/index.php?option=com_content&task=view&id=7&Itemid=15, 6. 3. 2008 157 VS_2009_01.indd 157 23.3.2009 10:05:43 A New Intelligence Paradigm and the European Union released products can be accessed through the SATCEN internet portal, where products are protected with a key Chiasmus (Florjanc, Ilnikar, 2007: 19). SATCEN provides similar support to all member states. Within the EU structure, SATCEN provides its products primarily to two bodies dealing with intelligence support of EU operations: the intelligence component of the EU Military Staff (EUMS) in defence and military areas and the Joint Situation Centre of the EU in the civilian sphere22. Both structures are heavily supported by EU member states, the defence/ military resources of the EUMS and the civilian resources of the Situation Centre. National contributions are primarily of human resources, whereas the input of products is ensured with the help of national representatives functioning under a ’dual-hatted‘23 role. On the one hand they are an integral element of the permanent EU structure and accomplish their tasks in accordance with job descriptions defined for individual positions. On the other hand, they also function as national representatives, and points of contact24 responsible for the uninterrupted exchange of national intelligence products between the EU and their own countries. Solutions of this type are particularly practical for small countries with limited human resources, and also useful for crisis response operations both within the EU and NATO. In terms of formal hierarchical subordination, EUMS and the Joint SITCEN belong to the General Secretariat (GS) rather than the European Commission25. For the sake of efficiency, and due to the scarcity of intelligence resources, the High Representative of the GS established the Single Intelligence Analysis Capacity 26 (SIAC) in 2006. The basic aim of this initiative is to provide all members of the European Union with the best possible analytical product, generated from all available resources and through the cooperation of the Joint Situation Centre and the intelligence component of EUMS. SIAC are jointly led and guided by the Director General of the EUMS and the Director of SITCEN. Hence, there is an emphasis on combining processes as opposed to organizational structures. This combining of the processes of EU intelligence and security activity is shown in Chart 1. Harmonized joint products are then also distributed to lower levels. Coordinated analytical products are put on a list with tasking and supporting authorities clearly indicated. The responsible authority for SIAC products, in case of military and defence issues is, naturally, the EUMS Intelligence Directorate. 22 When Henry Kissinger was the US State Secretary, he approached the EU with a question about the essence of the EU. The EU had no clearly defined representative or, as he put it, did not have a single telephone number. Joint SITCEN is now the single EU telephone number. 23 The term ’dual-hatted’ mainly became known through the NATO Supreme Allied Commander for Operations also functioning as Supreme Commander of US Forces in Europe. The term is often used outside NATO structures and the EU, mostly for individuals performing tasks/functions in international structures and, concurrently, for national purposes. 24 POC (point of contact), can also refer to liaison officers involved in the exchange of information. 25 The Commission employs approximately 27,000 employees, the Secretariat around 3,300 and EUMS some 200 employees. 26 The Single Intelligence Analysis Capacity (SIAC) has been in operation since 1 January 2007. All products are produced in accordance with a 6-month programme which is jointly approved by both superiors. 158 VS_2009_01.indd 158 23.3.2009 10:05:43 Damir Črnčec With intensified activity of the European Union during crisis response operations, the EU Commands responsible for individual operations have a greater need for tactical and operational intelligence. Such an example, in 2008, was EUFOR Chad which is under the command of the Paris Operation Headquarters. The provision of appropriate permanent intelligence support is one of the key challenges of every crisis response operation. This trend, particularly in relation to defence and military considerations, will lead to even more intensified cooperation in relations between EU member states. If appropriate mechanisms for cooperation and exchange of information are properly established at a strategic level, the EU will continue upgrading direct support capabilities for crisis response operations. An important role in this process is also being played by the European Defence Agency that is developing relevant intelligence capabilities. Chart 1: Intelligence in the civilian and military structure of the European Union The appropriate placement of intelligence structures within the secretariat organization is also important. EUMS occupies the top position in the hierarchy of organizational structures, similarly to the status of directorate-general. Its internal organizational structures, including the area of intelligence, were not VS_2009_01.indd 159 159 23.3.2009 10:05:43 A New Intelligence Paradigm and the European Union given sufficient status. The new structure, effective from March 2008, will see the intelligence component function as a directorate within EUMS and will be led by the director of the EUMS Intelligence Directorate. This appears to show that, in the future, specific attention will be given to strengthening the defence and military intelligence capabilities of the European Union. The increased involvement of the EU in humanitarian and crisis response operations highlights a greater practical need for the provision of appropriate intelligence support at operational and tactical levels. In order to provide such support, every intelligence structure needs a clearly defined organizational structure and their own capabilities for collecting and processing data and information. Slovenia presided over the EU Council in the first half of 2008. For obvious reasons it would be difficult to speak about intelligence achievements during the presidency, but some findings and assessments can still be provided. 5 INTELLIGENCE ACTIVITY AND THE PRESIDENCY OF THE COUNCIL OF THE EUROPEAN UNION There are two intelligence and security services in Slovenia: the Slovenian Intelligence and Security Agency (SOVA) and the Intelligence and Security Service of the Ministry of Defence (OVS). Both of them perform intelligence, counterintelligence and security activity. The SOVA personnel are empowered to undertake special forms of data collection, but have no police authority, while OVS personnel involved in intelligence and counterintelligence activity have the same powers as SOVA personnel, and the security personnel of the OVS have police powers. Historically speaking, they are two totally different services. SOVA is the successor to the Security and Information Service (VIS), which succeeded the National Security Service (SDV) or political police forces27 that functioned in Slovenia up to the introduction of a multi-party system28. The OVS was established only after the first democratic elections in April 1990. Since 11 September 2001, Slovenia has not modified its national security system, nor the structure of its intelligence services. I would particularly like to stress that Slovenia, unlike some other countries, has not succumbed to the temptation of strengthening its counterterrorism legislation although terrorism in Slovenia remains a security threat and a criminal act. Intelligence services are primarily the first to detect or perceive terrorist threats. Should these threats be real and imminent, they are required to submit such information to potentially 27������������������������������������������������������������������������������������������������ Still in 1990, when the Federal Secretary for Internal Affairs determined in the Rules on Operations of the National Security Service (SDV) the methods to be used by SDV concerning human rights of the citizens. Without any prior court approval the following activity was allowed: secret eavesdropping, secret control of telephones and other telecommunication means, secret control of international and other telecommunications traffic, secret control of mail and other shipments, secret recording and document management, technical checks and protection of premises and facilities, secret investigations of premises, secret maintenance of links with co-workers. The measures were carried out temporarily or permanently. 28 For more on the activity of the National Security Service and the Security and Information Service in the period before, during and after Slovenian independence see Brejc (1994). 160 VS_2009_01.indd 160 23.3.2009 10:05:43 Damir Črnčec affected parties such as the police and other bodies within the national and security system. Against such background knowledge of the modern security environment, Slovenian security and intelligence structures conducted preparations for the presidency of the Council of the European Union in the first half of 2008. During the presidency, both services gained first-hand experience of the international environment. During the presidency, SOVA organized three events related to its area of work in Slovenia. The Security and Intelligence Service of the Ministry of Defence hosted the second workshop on intelligence and security support in crisis response operations, focusing on Operation EUFOR in Chad (Report on the Presidency, 2008). During the preparations for and the actual presidency of the Council of the European Union, both agencies intensified the exchange of intelligence data and products, both domestically as well as with foreign partner services and international organizations. The agencies were faced with additional responsibility, namely, by potentially submitting wrong assessments and information they could risk immediate reaction not only at the national level, but also at the level of the European Union. The provision of intelligence and security support for national decision-makers on the presiding EU Council also involved direct intelligence support for the European Union. 6 CONCLUSION Modern times require modern methods of dealing with risks and threats. The only way to implement this, in the area of intelligence, is through a new intelligence paradigm. This requires the understanding that, as in the search for a solid consensus on determining the most important problems of the future, the reaching of a consensus on the new intelligence doctrine is also difficult. It is, therefore, necessary to take full responsibility when faced with the fact that during the period after 11 September 2001 some countries, having been exposed to direct risks, embarked upon modifying their legislation and thus encroaching upon human rights. Some extreme examples of new normative acts and their practical interpretation are a constituent element of the dark side of the introduction of the new intelligence paradigm. It is crucial that, although we recognise the importance of adopting the new paradigm, that we are aware of its downside. In implementing the new intelligence paradigm it should be understood that the essential precondition for successful intelligence cooperation in the international environment is an appropriate and efficient national intelligence system. It is the only means of appropriate intelligence support for the European Union, which has only recently begun upgrading its intelligence architecture. It can be anticipated that the move towards enhanced intelligence capabilities within the European Union will continue into the future. The integration of intelligence processes will definitely intensify, but at the same it is likely that these processes will become fully integrated with intelligence structures. However, the final objective remains unchanged, that is to provide all users in the European 161 VS_2009_01.indd 161 23.3.2009 10:05:43 A New Intelligence Paradigm and the European Union Union with the best possible analytical product. Considering the tremendous progress achieved over recent years, it should not be ignored that we are still distance away from a European intelligence service that functions in the way that national intelligence services operate. Changes to intelligence activity within the EU are taking place within the limits of the new intelligence paradigm, the implementation of which, at national and international levels, can be measured through a variety of factors. Some of the most important are as follows. First, changes to normative and doctrinal documents on the modification of national security systems have left an imprint on the intelligence systems of a large number of European countries, including the United States, Italy, the United Kingdom and Austria, as well as upon the intelligence structures of NATO and the European Union. Second, similarly we have witnessed a transformation of intelligence systems as a consequence of adopting a new normative and doctrinal framework. Third, the field of intelligence is witnessing the establishment of new institutions, including the European Union. Here two dimensions need to be highlighted: new institutions for data collection and processing, and transformed existing institutions, the purpose of which is better coordination and data exchange. Fourth, intensified involvement in international relations has become one of the priorities of all services. International involvement differs simply in terms of individual member states’ engagement with individual organizations. Fifth, along with all these changes, the methods of external supervision of the work of the intelligence services should also be upgraded. New obligations and powers increase the possibility for misuse. In order to avoid this, supervision should be intensified in order to prevent the development of the dark side of the intelligence paradigm. The new intelligence paradigm is something that Slovenia, as an active member of NATO and the European Union and an active contributor to the area of intelligence, cannot avoid. Given the fact that the European Union and NATO have no intelligence services of their own, the role of individual member states becomes even more important. Domestic intelligence systems need to be properly structured and organized, as this is the only way that they can provide optimal support for the intelligence capabilities of both organizations, and, simultaneously, efficiently receive intelligence products. It is, therefore, reasonable and rational to upgrade the national intelligence system through increased transparency and exploitation of available resources. During times of modern transnational threats, cooperation and information exchange should be provided on various levels within a country, as intra- and inter- agency, and outside the country, bilaterally, within the EU and NATO, with the UNO taking on international peacekeeping operations at tactical and strategic levels. The need to share far outweighs national dimensions and has become a supranational need for all who actively participate within the international security environment. 162 VS_2009_01.indd 162 23.3.2009 10:05:44 Damir Črnčec LITERATURE Aldrich, R.J. (2004). Transatlantic intelligence and security cooperation. International Affairs, 80 (4), 731-753. Brejc, M. (1994). Vmesni čas: varnostno informativna služba in nastajanje nove slovenske države 1990-1993. Ljubljana, Mladinska knjiga. EUFOR RD CONGO: The EU Satellite Centre (EUSC) in support of EU operations in the DRC (2007). European Security and Defence Policy (ESDP). Everett, T. (2007). »Procuring the Future« 21st Century IC Acquisition. Retrieved 15. 4. 2008 on: http://www.fas.org/irp/dni/everett.ppt. Florjanc, A., Ilnikar, J. (2007). Izobraževanje s področja slikovnih obveščevalnih podatkov. Slovenska vojska, XV/17, 19-21. Friedman, T.L. (2005, 2006). The world is flat: a brief history of the twenty first century, 1st rev. New York, And expanded ed. Farrar, Straus and Giroux. Herman, M. (2003). Counter-Terrorism, Information Technology and Intelligence Change. Intelligence and National Security, 18 (4), 40-58. Keohane, R. O. (2002). Power and Governance in a Partially Globalized World. London and New York, Routledge. Kotnik-Dvojmoč, I. (2002). Preoblikovanje oboroženih sil sodobnih evropskih držav (Transformation of the Armed Forces of Modern European Countries). Ljubljana, FDV. Nye, J.S. Jr. (2004). Soft power: the means to success in world politics. New York, Public Affairs. Nye, J.S. Jr. (2008). The powers to lead. Oxford, Oxford University Press. Report on the Slovenian Presidency of the EU Council (2008). Retrieved 23.12.2008 on: http://www.svez.gov.si/fileadmin/svez.gov.si/pageuploads/docs/predsedovanje _eu/03-07_Porocilo_predsedovanje2008-6_SPREJETO_NA_VLADI.pdf. Richelson, J.T. (2008). The U.S. Intelligence Community, Fifth Edition. Boulder, Colorado, Westview Press. Slovenia – a New Member of Schengen (Slovenija - schengenska novinka). (2007). Ljubljana, MNZ RS. The 9/11 Commission Report. (2004). Authorized Edition. New York, W.W. Norton & Company. About the Author: Damir Črnčec, holds a Ph.D. in political sciences and has been the director general of the Intelligence and Security Service of the Ministry of Defense of Slovenia since 2005. He is the author of many articles on classified information, security, intelligence, biometry, protection of human rights and fundamental freedoms. His views do not represent the official position of the institution he works for. 163 VS_2009_01.indd 163 23.3.2009 10:05:44
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