PARLIAMENTARY OVERSIGHT OF MILITARY INTELLIGENCE Dr Grazvydas Jasutis Dr Teodora Fuior Dr Mindia Vashakmadze About DCAF DCAF - Geneva Centre for Security Sector Governance is dedicated to improving the se- curity of people and the States they live in within a framework of democratic governance, the rule of law, and respect for human rights. DCAF contributes to making peace and de- velopment more sustainable by assisting partner states and international actors supporting them to improve the governance of their security sector through inclusive and participatory reforms. It creates innovative knowledge products, promotes norms and good practices, provides legal and policy advice and supports capacity building of both state- and non-state security sector stakeholders. Active in over 70 countries, DCAF is internationally recognized as one of the world’s leading centres of excellence for security sector governance (SSG) and security sector reform (SSR). DCAF is guided by the principles of neutrality, impartiality, local ownership, inclusive participation, and gender equality. www.dcaf.ch. Publisher DCAF - Geneva Centre for Security Sector Governance P.O.Box 1360 CH-1211 Geneva 1 Switzerland [email protected] +41 (0) 22 730 9400 Authors: Dr Grazvydas Jasutis, Dr Teodora Fuior, Dr Mindia Vashakmadze Copy-editor: Tom Stanley Design & layout: DTP Studio ISBN: 978-92-9222-571-1 Parliamentary Oversight of Military Intelligence Acknowledgements DCAF would like to thank the Federal Department of Defence, Civil Protection and Sport (DDPS) of the Swiss Confederation for its generous support in making this publication pos sible. The NATO Parliamentary Assembly (NATO PA) and DCAF would like to thank all NATO PA Delegations who answered the surveys, the results of which served as a key resource for the analysis presented in this study. The authors also express sincere grati- tude to Elizaveta Chmykh, Erlandas Snieskus, David Wat son, Dragan Lozancic, Grzegorz Malecki, Henrik Bliddal, Richard Steyne, Roberta Calorio, Ruxandra Popa, Sarah-Claude Filion, Steffen Sachs, Valérie Geffroy for their support and comments. Notes The opinions expressed in this publication are those of the authors and do not reflect the opinions or views of the Federal Department of Defence, Civil Protection and Sport (DDPS) of the Swiss Confederation. The URLs cited in this document were valid at the time of publication. Neither DCAF nor the authors take responsibility for subsequent changes to any URLs cited in this publication. @DCAF 2020. All rights reserved Forward As a global center of excellence for security sector governance, DCAF - Geneva Centre for Security Sector Governance has worked for many years to improve security sector over- sight. Much of this effort has been centered around cooperation with the NATO Parliamen- tary Assembly (NATO PA), under which DCAF has delivered joint trainings and seminars and conducted joint research along with the design and delivery of the so-called ‘Oversight and Guidance’ updates on parliament and relevant security sector developments. Alongside this, DCAF has produced several toolkits on overseeing the intelligence sector: an area of the security sector which has gained renewed attention in recent years. As the Director of DCAF, I am therefore extremely proud to present this study – one which seeks to expand the scope of our research to the area of military intelligence. The study explores the evolution of military intelligence and its place within the broader framework of parliamentary oversight, identifies the key characteristics of military intelli- gence, and examines how these challenge efforts to institutionalize effective oversight over the activities of military intelligence agencies. Through a comparative analysis of existing practices in NATO member states with regard to oversight of military intelligence, the study demonstrates that oversight practices vary from state to state, and in general demands further attention. The study is aimed at those responsible for the oversight of military intelligence, including parliamentarians and staffers, members of independent oversight bodies, researchers and civil society as well as individuals interested in security studies. Working from the premise that all activities of democratic states should be open to par- liamentary scrutiny, including military intelligence, DCAF and the NATO PA hope that this study will support efforts to advance oversight over military intelligence, and by extension, ensure that military intelligence agencies work in accordance with the principles of the rule of law and respect for human rights. Thomas Guerber Director, DCAF - Geneva Centre for Security Sector Governance Parliamentary Oversight of Military Intelligence Preface For twenty years, the NATO Parliamentary Assembly (NATO PA) has enjoyed a cooperative partnership with DCAF - Geneva Centre for Security Sector Governance, a cooperation supported by the Swiss government. Among others, this fruitful partnership has led to the publication of a series of “best practice” surveys on how parliaments in NATO members and partners address issues specific to the defence and security sector. Translated into several languages, these surveys have become important comparative studies for countries in tran- sition towards stronger parliamentary oversight. This study is the result of yet another joint NATO PA-DCAF project. Between February and August 2020, national delegations to the NATO PA were asked to answer a series of ques- tions regarding the role and functions of their parliaments and parliamentary committees in overseeing military intelligence. The results of this survey served as a key resource for the analysis presented in this study. As elected representatives of the people, parliamentarians have an essential role and re- sponsibility in ensuring that security institutions remain effective, efficient, and accountable in their policies, actions, and use of public funds and that they implement the political goals set out by parliaments and governments. At the same time, parliamentarians must of course carry out these duties in a rigorous, non-partisan way and preserve the confidentiality nec- essary for these institutions to conduct their essential missions. All oversight over institutions out of the public eye is difficult. However, it is perhaps most difficult when it comes to the military intelligence services. This study is an important contri- bution in an understudied field. Together with DCAF, the NATO PA will continue to focus on parliamentary oversight as a key element in the shared, common value set that has made NATO the most successful alli- ance in history. We remain ready to assist countries seeking to enhance their parliamentary oversight practices. Ruxandra Popa Secretary General NATO Parliamentary Assembly CONTENTS Introductory remarks .....................................................................................................1 Executive summary ........................................................................................................2 Chapter 1. Understanding Military Intelligence ............................................................4 Dr Grazvydas Jasutis, DCAF - Geneva Centre for Security Sector Governance Chapter 2. Parliamentary Oversight of Military Intelligence ......................................17 Dr Teodora Fuior, DCAF - Geneva Centre for Security Sector Governance Chapter 3. Parliamentary Oversight of Military Intelligence Agencies: A Comparative Overview ..............................................................................................40 Dr Mindia Vashakmadze Conclusion. Parliamentary Oversight of Military Intelligence: Recommendations .......................................................................................................73 Dr Teodora Fuior, DCAF - Geneva Centre for Security Sector Governance Parliamentary Oversight of Military Intelligence Introductory remarks While, in recent years, civilian intelligence agencies have been subject to increased par- liamentary oversight, military intelligence remains terra incognita. With comparative litera- ture on military intelligence limited, and little public knowledge on the sector, parliamentary committees and independent oversight bodies responsible for oversight of the security and defence sector often lack sufficient expertise and incentives to ensure effective oversight over military intelligence agencies. As the Assistant Director of DCAF – Geneva Centre for Security Sector Governance, it therefore brings me great pleasure to present this study, a cumulation of the joint efforts of my colleagues in DCAF Operations Europe and Central Asia, and our partners at the NATO Parliamentary Assembly. The study examines the evolution of military intelligence and identifies the common charac- teristics of contemporary military intelligence agencies. It explores how these factors com- plicate efforts to ensure effective oversight over the military intelligence sector and outlines the main challenges to improving parliamentary oversight in this area. It concludes with a comparative analysis of existing practices in NATO member states in the area of military intelligence oversight, demonstrating that further work is needed to improve the legislative basis upon which such oversight is exercised. This study demonstrates DCAF’s firm commitment to ensuring that all areas of the security sector be open to parliamentary scrutiny and provides a valuable resource for those inter- ested