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Intelligence Law and Policies in Europe

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Intelligence Law and Policies in Europe Intelligence Law and Policies in Europe Dietrich / Sule 2019 ISBN 978-3-406-69455-4 C.H.BECK schnell und portofrei erhältlich bei beck-shop.de Die Online-Fachbuchhandlung beck-shop.de steht für Kompetenz aus Tradition. Sie gründetauf über 250 Jahre juristische Fachbuch-Erfahrung durch die Verlage C.H.BECK und Franz Vahlen. beck-shop.de hält Fachinformationen in allen gängigen Medienformaten bereit: über 12 Millionen Bücher, eBooks, Loseblattwerke, Zeitschriften, DVDs, Online- Datenbanken und Seminare. Besonders geschätzt wird beck-shop.de für sein umfassendes Spezialsortiment imBereich Recht, Steuern und Wirtschaft mit rund 700.000 lieferbaren Fachbuchtiteln. Index Bold Roman numbers refer to the main parts, bold Arabic numbers to the chapters, normal ones to margin numbers. A Blake, George I158 Abductions, illegal IV 1 19, 41, 45 BMAD (Bundesamt für den Militärischen Ab- Able Archer 1983 I166 schirmdienst) V120, 33, 41, 49 Abu Omar – ECtHR Judgment IV 1 43 BND (Bundesnachrichtendienst) I153; V12, Abu Zubaydah – ECtHR Judgment IV 1 43 21, 26, 30, 33, 40, 50 et seq., 87, 94 et seq. Access to materials IV 4 29 Bonaparte, Napoleon I110 Accountability Bosphorus – ECtHR Judgment IV 1 53 – Theory of IV 3 3 Brexit I1136; II 1 1, 54, 59; V389 Adequate redress IV 4 44, 46 et seq., 71 Bulk data access I212 Advanced persistent threats II 3 29 Butler Review I1113 Agreed Intelligence (NATO) II 5 6 et seqq. Al Qaeda I1106 C Al-Dulimi – ECtHR Judgment IV 1 53 Caesar, Julius I15 Alliance Ground Surveillance II 5 30 Cambridge Five I156 – Allied Command Operations (ACO/SHAPE) II Campus Oil Ltd CJEU Judgment IV 2 5 24 55 et seq. 11 Allied Counterintelligence Activity II 5 26 Cascope I152 Allied Joint Doctrine (NATO) II 5 21 CFSP (Common Foreign and Security Police) Allied Military Intelligence Batalllion II 5 29 III 2 7 Al-Skeini – ECtHR Judgment IV 1 18, 19, 21 Charlie Hebdo Attacks I1127 Andreou – ECtHR Judgment IV 1 20 Chilcot Report I1113 Area of Freedom, Security and Justice (AFSJ) III CIA (Central Intelligence Agency) I142; IV 1 40 3 1 et seqq. Civilian Intelligence Committee II 5 10 et seqq. Area of Operations (AOO) II 4 4, 52, 54 Civilians, armed conflict IV 1 45, 55, 59, 63, Armed conflicts IV 1 23 et seq., 45, 54, 58, 65 et seq. 61 et seq. Classified information IV 4 23, 32, 43, 64, 78 Armed groups, irregular IV 1 64 Closed Material Procedures V379–81 Assistant Secretary General (NATO) II 5 41 Club of Berne IV 2 153 Asymmetric warfare IV 1 57, 64 Cold War IV 1 74, 77, 2 9, 16 Atlantic, Battle of the I132 Combatants, armed conflict IV 1 61 et seq. Attribution II 3 12 Combatants, unlawful IV 1 66, 68 et seq. Audit IV 3 49 Commission nationale de contrôle des techni- Auftragsprofil der Bundesregierung V150 ques de renseignement V242 et seqq, 52 et seqq, 60 and seqq, 80 and seqq, 97, 104, 109, B 118, 123, 127 et seqq. Banković – ECtHR Judgment IV 1 17, 20 Commissioners (Judicial) (UK) V349–51, Basic Rights V135 et seq. 63–64 Battlefield information II 2 84 Committee against Torture IV 1 44 Belmarsh – House of Lords Judgment IV 1 12 Committee for Civilian Aspects of Crisis Berlin Plus II 4 21, 5 53 et seqq. Management (CIVCOM) II 4 39 Berlin Wall I164 Committee for State Security (KGB) I147 BfV (Bundesamt für Verfassungsschutz) I185; Common Foreign and Security Policy (CFSP) II V18, 19, 24, 32, 39, 48, 54 4 17, 18; III 1 1 et seq., 12, 14, 23, 56, 60 et BICES II 5 39 seqq., 75, 79, 83, 94, 96 Big Brother Watch – ECtHR Judgment IV 1 38, Common Security and Defence Policy (CSDP) II 2 59, 5 3, 39, 44, 64 4 5, 10, 32, 59, 84; III 1 16, 26, 28, 38, 44, 45, Binding decision(s) IV 4 14, 16, 17, 23, 32, 56, 58, 61 34 et seq., 42 et seq., 46, 78 Common Set of Proposals (EU/NATO) II 5 58 Black boxes V298 et seqq. 585 Index Component Commander (CC) II 4 55 Digital Rights Ireland v Minister for Commu- Comprehensive Approach (CA) II 4 7 et seqq., nications, Ireland – CJEU judgement IV 5 10, 12 75 Comprehensive Crisis and Operations Manage- Digital Rights Ireland – CJEU Judgment IV 1 2, ment Centre (NATO) II 5 26 34 et seq. Concept of Operations (CONOPS) II 4 42, 49 Dignity, human IV 1 16, 21, 66 Conseil d’Etat V244, 53 et seqq, 59 et seqq, Direct participation in hostilities IV 1 69, 71 105, 109 et seqq, 123 Direction de la Surveillance du Territoire Conseils Constitutionnel V264, 119, 125 et (DST) I176 seqq. Direction Génerale de la Sécurité Extèrieure Construction of a Wall – ICJ Judgment IV 1 57 (DGSE) I176 Cooperation clause IV 2 89 Disappearance, enforced IV 1 19, 40 et seq. Counter-Terrorism Database V144, 114 Disarmament, Demobilisation, Re-integration Counter-Terrorism Group (CTG) II 2 27 f, 39, (DDR) II 4 6 41, 85 ff, 98, 109, 116 f. Discrimination, prohibition of IV 1 12, 39, 76 Courts IV 4 10, 15, 19, 32, 35 et seqq., 52, 54, Double Cross I132 59 et seq., 64, 71, 79 et seq. Drone killings IV 1 64, 73, 76 Criminal trials (UK) Drone war IV 1 2 – Secrecy and disclosure V382–84 Drone, unmanned IV 1 2, 3, 20, 25, 72 Crisis Management and Planning Directorate Droned, pilotless (unpiloted) IV 1 3, 20, 55, 76 (CMPD) II 4 39 Due diligence IV 1 1 Crisis Management Concept (CMC) II 4 31, 39 Due process IV 1 25, 49 et seqq., 48 Duty to protect human rights IV 1 34, 42, 44, Critical infrastructure II 3 30, 43 et seqq. 59, 75 Cryptography I119 Cuban Missile Crisis I169 E Curveball I1109 ECHR – – Cybercriminals II 3 6 Extraterritoriality IV 3 85 86 – Cyberdefence II 3 60 Implications for oversight generally IV 3 11, Cyberespionage II 3 10 et seq 19, 81, 83, 85 Cyberintelligence II 3 62 et seqq. Effective remedies IV 4 1, 7 et seq., 15, 41, 63, Cybersecurity II 3 34 et seqq. 79, 80 Cyberspace IV 1 31 El Alamain, Battle of I132 – Cyberterrorists II 3 7 et seq. El-Masri ECtHR Judgment IV 1 19, 42 et seq. Cyberthreats II 3 4 et seqq. Emergency, times of IV 1 9, 16, 23 et seq., 60, Cyberwar II 3 46 et seqq. 77 – Cyberwarfare II 3 31 et seqq. EMPACT EU Policy Cycle III 3 25 Enigma I131 D Equipment interference (UK) V347–48 Data mining I218 Espionage, inter-state IV 1 5 et seq., 21 Data portability IV 1 21 Ethical issues of pre-emption I225 et seqq. Data protection IV 1 28 et seq., 3 61, 96, 101 EU Data protection authority(ies) IV 4 15, 21, 24, – Cybersecurity II 3 70 et seqq. 35, 38, 46, 53, 68 et seqq., 79 et seq. EU Agencies with relevance to Criminal Intel- Data retention II 2 32 ligence III 3 52 et seqq. Defence Intelligence (UK) V321 – Eurojust III 3 53 Defence Intelligence II 4 4 – European Border and Coast Guard Agency Defence Intelligence Organisation (DIO) II 4 (Frontex) III 3 52 72, 86, 87 – European Public Prosecutor’s Office III 3 54 Denial of service attack II 3 23 et seq. – OLAF III 3 52 Denmark IV 5 65 et seq EU Battle Group (EUBG) II 4 13, 29 et seqq. Deportation, unlawful IV 1 45 EU Global Strategy (EUGS) II 4 11, 34 Derogation, human rights treaties IV 1 25 EU Institute for Security Studies – III 1 66, 67 Detention IV 1 12, 25, 40 et seq. EU Intelligence Analysis Centre (EU INTCEN) Digital capabilities IV 5 6 II 4 24, 38, 71, 84 Digital intelligence (DIGINT) I218 EU Military Council (EUMC) II 4 2, 27, 28, 31, – Demands for I233 51, 58 – Law enforcement use I236 EU Military Staff (EUMS) II 4 1, 2 et seqq., 28, – Supply of I234 40, 53, 58 et seqq., 61, 63, 80 et seqq. 586 Index EU Satellite Centre (EU SATCEN) II 4 38, 73 et Extraordinary renditions IV 1 2, 19, 40 et seq., seqq., 84 50 EU SITCEN – III 1 24, 38 et seqq., 72, 83, 86 et Extraterritorial application of human rights seqq. treaties IV 1 9, 10 et seq., 20, 41 EUMS (Intelligence Directorate) II 4 3, 63, 67 et Extraterritorial application, ECHR IV 1 seqq., 80 et seqq.; III 1 24, 25, 30 et seqq., 46, 17 et seq. 48 et seqq., 55, 59, 61, 65, 69, 84, 86, Extraterritorial application, ICCPR IV 1 90 et seq., 99, 103 14 et seq. Eurobarometer II 1 29, 37 EUROJUST II 1 18, 20, 50, 52, 55 F – European Convention on Human Rights IV 5 4, Financial Intelligence Units FIU.net II 2 12, 37 47 ff, 116 European Counter-Terrorism Centre (ECTC) at Five Eyes I148 Europol II 2 61 ff, 86, 109, 115, 117 f. Force Commander (FCdr) II 4 54, 55 European Court of Human Rights IV 5 3, 13 Force Headquarters (FHQ) II 4 54, 77, 79, 85 European Court of Justice (ECJ) II 2 33, 105, 108 France IV 5 14, 56 et seq European Criminal Intelligence III 3 7 French Intelligence Services V25 et seqq. – Operational use III 3 13 et seqq. FRONTEX II 1 3; IV 2 152; III 1 2, 14, 15, 30, – Scope III 3 14 34, 35, 58 et seqq., 73 – – Strategic use III 3 17 et seqq. Oversight of IV 3 98 European Criminal Intelligence Model II 1 54 Fuchs, Klaus I149 European Cybercrime Centre II 3 71 et seqq.
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