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Intervention in Libya The Attaché Journal of International Affairs | Volume XXI Issue 1 THE ATTACHÉ | Volume XXI Issue 1 ZIHAN ALISON PANG ARJUN SINGH is a second-year International Relations is an undergraduate student at the Uni- student. She is the president of Internet versity of Toronto, studying Political About Governance Forum at U of T, a colum- Science, International Relations, and nist at Synergy: The Journal of Contem- American Studies. He is a Senior As- porary Asian Studies, a researcher at sociate Editor with The Attaché, and Engineers Without Borders, and a steer- concurrently serves as an Editor of the ing committee member of the project, NATO Association of Canada. He pre- Anti-Asian Racism during COVID-19, viously worked for the U.S. Department jointly supported by the Canada-China of State, Government of Canada and Initiatives Fund and the Canadian Insti- Parliament of India. His life’s interest has the Issue tutes of Health Research. Her research been the politics of the United States of With this first issue of 2021, the Attaché is with this analysis, Pang’s policy paper to the interests include democratization/de- America, among others, and he seeks mocracy consolidation, internet gover- a dual career in public service and the debuting a new format better suited to nav- United Nations similarly discusses the limita- nance, and East Asian politics. armed forces. In this paper, he critically igating the tumultuous state of international tions of international institutions. She begins examines the reasons for NATO’s mili- relations and politics today. In keeping with by critiquing global governance approaches Read her work The Governance of Glob- tary intervention into Libya in 2011. past years, we will still be releasing our ma- to the management of indiscriminate surveil- al Indiscriminate Surveillance: A Policy Paper to the United Nations on page 4 Read his work Love Lost and War Gained jor annual volume later in the academic year; lance, before pushing the United Nations to on page 16 however, the 2020-21 Attaché is also break- adopt an alternative framework better suited ing from tradition with our series of special is- for the particularities of the problem. At the sues. These issues will spotlight outstanding heart of her analysis is the fundamental de- student works that we believe examine our bate between civil liberties and national secu- world in nuanced and critical ways. rity, which is especially relevant in the current political context. MASTHEAD Exploring the theme of global governance through two unique lenses, Arjun Singh’s “Civ- Over the past year, governance approaches Editors-In-Chief Senior Editor il War and Ethnic Violence” and Zihan Pang’s to containing the spread of the novel coro- Erica Liu Aneesh Chatterjee “The Governance of Global Indiscriminate Sur- navirus have broadly favoured restrictions on Stephen Chankov veillance” are timely first installments in our freedom of movement alongside sweeping Associate Editor spotlight series. In this issue, we are taking expansions of state surveillance in the name Paul Huang the opportunity to showcase the high-quality of public health. Pang advocates for striking Design Editor Danielle Zhuo work of one of our very own Attaché Senior a careful balance between liberty and securi- Editors, Arjun Singh. In his paper, Singh uses ty; however, the protraction of the COVID-19 the case study of the 2011 Libyan Civil War crisis further calls into question the ability to frame a compelling critique of the United of nation-states to do so. In our current mo- Nations and NATO response. In conversation ment, will Pang’s plea fall on deaf ears? 2 3 THE ATTACHÉ | Volume XXI Issue 1 Section I: Current Situation and Discourse ic notion of law (i.e. legal vs. illegal, lawful of Global Indiscriminate Surveillance vs. lawless). Depending on the interested parties, soft laws, such as MoUs, can have Global indiscriminate surveillance refers to varied levels of political legitimacy and le- the state’s interception of civilian digital gal significance.4 For example, MOUs can communication on a massive scale with- be adopted more quickly and in a more out reasonable and specific grounds. It is “hyper-simplified” manner than tradition- a continuously developing technological, al legislation, which makes them attractive legal, and political phenomenon. Overlap- during crises. However, critics argue that ping multilateral and bilateral agreements, MoUs enable the executive branch to cir- sub-national contracts, and ad-hoc arrange- cumvent formal procedures and parliamen- ments constitute the global surveillance tarian ex ante and ex post control. For ex- framework. The epicentre of the network, ample, the MoU between Libya and Italy the Five Eyes Alliance, includes the US, the (2017) attracted much criticism for abetting UK, Canada, Australia, and New Zealand. inhumane treatment of migrants.5 Informal It emerged from the UKUSA Agreement, agreements are similarly used to evade pub- THE GOVERNANCE OF which formalized intelligence collaboration lic scrutiny and constitutional restrictions in between the UK and the US after the Sec- the case of surveillance collaboration. For ond World War. Although the agreement example, the NSA and the BND, Germany’s Global Indiscriminate explicitly excluded civilians during the war- intelligence branch, expanded their collab- time, its range of surveillance targets ex- oration in 2013 through a top-secret memo. panded during the Cold War years to in- The BND agreed to provide “communica- Surveillance: clude both foreign security and domestic tions supporting counterterrorism (CT), civilian communication.1 counter-narcotics (CN), and weapons of mass destruction (WMD) missions”6 while A POLICY PAPER TO THE UNITED NATIONS a. Legal framework the NSA offered advanced hardware and Zihan Pang software, and expert supports. To facilitate The Five Eyes Alliance enabled standard- this collaboration, the German government Global indiscriminate surveillance is a of Civil and Political Rights. However, the ized and thorough sharing of collected was willing to moderate its interpretation intelligence and streamlined collection of Article 10 of its constitution, which pro- transnational legal and technological net- UN needs to expand its current efforts by 2 work that enables governments to mon- establishing a surveillance review com- methods between members. In the post- tects the communication of its citizens, “to itor and analyze digital communication mittee, constructing a knowledge and Cold War era, the network gradually in- afford the BND more flexibility in sharing comprehensively. The Five Eye Alliance, action network, and supporting artistic corporated thirty-four countries at all lev- protected information with foreign part- composed of the United States (US), activism on global indiscriminate surveil- els of development in Europe and Asia Japan, Jordan, Korea, Macedonia, the Netherlands, Nor- United Kingdom (UK), Canada, Australia, lance. These proposals draw inspiration through informal legal instruments or “soft way, Pakistan, Poland, Romania, Saudi Arabia, Singapore, laws”, such as memoranda of understand- Spain, Sweden, Taiwan, Thailand, Tunisia, Turkey, UAE. Ita- and New Zealand, lead these projects. In- from existing regional and national ef- 3 mar Mann, “The Disaggregated Law of Global Mass Sur- discriminate surveillance poses a threat forts to balance accountability with confi- ing (MoUs). Soft laws defy the dichotom- veillance,” in T. Aalberts & T. Gammeltoft-Hansen (Eds.), The Changing Practices of International Law (Cambridge: to human rights, disrupts civic discourse dentiality during intelligence operations. 1 Itamar Mann, “The Disaggregated Law of Global Mass Cambridge University Press): 14. space, and negatively alters individual Although these policies face political and Surveillance,” in T. Aalberts & T. Gammeltoft-Hansen 4 Itamar Mann, “The Disaggregated Law of Global Mass online behavior. The United Nations (UN) organizational constraints, they will none- (Eds.), The Changing Practices of International Law (Cam- Surveillance,” in T. Aalberts & T. Gammeltoft-Hansen bridge: Cambridge University Press, 2018): 10. (Eds.), The Changing Practices of International Law (Cam- passed resolution 73/179, “the rights to theless promote intelligence accountabil- 2 Janine McGruddym, “Multilateral Intelligence Collabo- bridge: Cambridge University Press, 2018): 10. privacy in the digital age”, expressing ity, facilitate informed legislation and cul- ration and International Oversight,” Journal of Strategic 5 Martino Reviglio, “Externalizing Migration Management concerns about global surveillance based tivate multifaceted understandings of the Security 6, no. 3 (2013): 219. through Soft Law: The Case of the Memorandum of Un- 3 Thirty-four tier B countries: Algeria, Austria, Belgium, derstanding between Libya and Italy,” Global Jurist 20, on the Universal Declaration of Human issue and raise public awareness. Croatia, Czech Republic, Denmark, Ethiopia, Finland, no.1 (2020):1-12. Rights and the International Convention France, Germany, Greece, Hungary, India, Israel, Italy, 6 Mann, 15-16. 4 5 THE ATTACHÉ | Volume XXI Issue 1 ners.”7 system. Liberalism and neo-republicanism ful. They argue that the individual-centric surveillance led to two types of attitude: both take an individualist approach to pri- perspective overlooks the social impact active and passive. On the active side, peo- The legal framework of global surveillance vacy rights. Liberal theorists
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