Major Regulatory and Legal Requirements - Research Paper Example

? Detainees in Afghanistan Major Regulatory and Legal Requirements Executive Orders To conduct intelligent activities invarious in any place, there are legal requirements which must be observed in the pursuit of information from the concerned individuals. This must be necessitated by a guanine need for the intelligence activities in that particular region. There should be timely, accurate and insightful information about the activities and plans which is enough to warrant human intelligence services1. There should be informed decision making concerning security issues and matters of foreign relations which are of great importance to warrant human intelligence. The collection of materials is primary objective of the HUMINTS and should be pursued with due diligence in order to enhance the credibility of their findings. The purpose of the human intelligence should be intended to enhance human and technical collection techniques with due respect to the national laws. Collection of Information Collection of information is the major duty of HUMINT operations and it must be done with utmost care to safeguard their operations and yield good results. The credibility of collected information is vital to the success of the HUMNT operations and must be safeguarded at all costs in their operation. This is because this is their core mandate in their operations both nationally and internationally. The elements of the intelligence community are authorized to collect and retain any information based on the command of the organization in which they work for and the interest of the information they pursue.2 The procedures or information use and retention should also be done after the consultation with the attorney general of the concerned state. Such procedures protect constitutional and other legal rights and limit the use of such information to unlawful government purposes thus infringing the rights of the victim. The use of electronic surveillance is only limited for the purposes of training, testing and conducting countermeasures to hostile electronic surveillance and is thus avoided in most instances. Inconsequential physical searches by the elements of intelligence community are also highly restricted by the law. The attorney general is delegated the power to give the necessary legal assistance and advice in the operations of the HUMINT practices. The elements of intelligence services are expected to cooperate with other appropriate law enforcement agencies for the purposes of protecting information and property of any element of the intelligence community. The members of the intelligence are authorized to provide special equipment, technical knowledge and necessary assistance when the lives of the suspects are endangered and support the local law enforcement agencies in necessary sectors. The provision of personnel services is limited to the approval by the general counsel in the concerned cases. The intelligence members are permitted to render any assistance and cooperate to law enforcement agencies and other civil authorities not precluded by the law in the course of their services.3 All the operations of the human intelligence members are required to be consistent with the law and any act of violation of the constitution is punishable by the courts of law. The participants of human intelligence services are not entitled to join or participate in any organization as they wish in the course of their operations. This can only be done in accordance of the procedures established by the head of intelligence and should be of the interest of the intelligence services. HUMINT Military Regulations The HUMINT has got various limitations and capabilities with regard to military operations in any part of the world. They have the ability to collect information and cross cue from endless variety of potential sources in all respects including detainees and related documents. They are to focus on collection of information not available by other means which includes information on threat intentions and local civilian threat force.4 They also have the ability to validate or repudiate evidence collected from other sources in the application of their work. The law permits them to function with marginal apparatus in backing of invasive, self-protective and reconstruction tasks in a timely and good manner. Their information supports maneuver elements in based on solid planning, preparation and execution process in the timeliest manner. Pertinent law and rules administrate HUMINT collection processes in all instances to avoid legal conflicts and they include the U.S law, war law, applicable international law and relevant directives from credible sources aimed at smothering their operations.5 The operations of HUMIN may further be subjects to Status of Forces Agreement and other binding war agreements within a specified duration. HUMINT Clandestine Operations These are military special operational functions which are completely secret and cannot be linked to the sponsor for the period of their collection of information. Clandestine operations have been used within time major warfare operations to achieve certain goals and objectives in the long run. The clandestine operations are very effective in achieving results of a very confidential operation where there the stakes are high and the risks are involved. The Implication of the Legal Requirements The legal requirements of HUMINT have a great impact on the intelligence process, intelligence cycle and intelligence requirements together with the data collection.6 The legal requirements draw the line between the capabilities of and the limitation on the activities and the operations of HUMINT. The legal requirements clearly outline the powers, duties and the responsibilities of the officer in the HUMINT exercise thus controlling the scope of his duties to certain limits. They also outline the HUMINT techniques and how they should be applied without negatively affecting the lives of people who are under intelligence services. The legal requirements are greatly beneficial in controlling the manner in which HUMINT activities are carried out without initiating conflicts between states. There are several legal issues within the HUMINT operations and their application is guided by the leadership of the various HUMINT operations who act in the best interest to pursue their objectives. Without the legal requirements, the operations of HUMIN can be greatly compromised leading to wastage of public resources and the initiation of conflicts. HUMINT personnel are highly trained to work with certain code of ethics in pursuit of various information and they have also helped greatly to unearth important information which is needed by the intelligence services to combat crime. Values and Ethics Section This code of ethics declares single conduct demands for that the officials and other authorized persons perform their duties in a manner which is acceptable by the society. This code is addressed to every intelligence agent so that their activities can promote democratic issues and enhance its consolidation. Main Principles An intelligence service agent who has an exclusive trust in the organization is expected to perform his or her duties in such a manner as to promote the interest of the organization without fear or favor. The HUMIN professionals are required to portray a high level of professional skills and culture which is determined by their duties towards constant self perfection in the service. The professionalism should arise from their vast experience and absolute devotion in serving the interest of the organization in which they work for.7 They are expected to observe morality by dutifully observing the demands of their working constitution and other normative legislative acts in a honest and respectful manner as they discharge their duties. They should be respectful in their attitudes and compliance with ethical norms of the society so as to set high ethical standards in their work.8 The basic moral values and conduct norms of intelligence are based on the principles of International Code of Conduct for Public Officials and its applicable to all nations since it’s a product of the United Nations. It defines the principles of Intelligence Services which includes humanistic trends in intelligence services in various parts of the world to promote its legitimacy of their services with human dignity. The Core Values in the Service The core values in this human intelligence service will entails strive for excellence in all that is done. The intelligence service men are dedicated to achieving the results that creates the difference of its people and they should be proud of their achievements. The service men believe that the principles of security are fundamental to every part of their operations. The member of the human intelligence team should be committed to build strong lasting relations with other intelligence services and liaisons partners so as to achieve a high level of trust and responsibility. The members of the human intelligence also preserve trust with the required sources and abide by the law and community standards so as to be accountable in all their actions. The human intelligence personnel are also required to be innovative by embracing diversity and use it to champion ideas. They should be forward thinkers; optimistic of the future undaunted by change in whatever the problem or issue may arise.9 They should be more than ready and willing to provide solution for any problem that may arise in any time that it may arise. The members should also appreciate and uphold at all times the courage, unity and loyalty in all times of their work. They should show moral and personal courage in both easy and dangerous situations as they work as a team to share purpose and responsibilities. They must be loyal and committed to the service of the mission honor and value their colleagues. They should treat each other as equal partners and stand together as one in their dedicated service in achieving the objectives of the organization. Works Cited Body, Howard and Marston, Colin. The Peace Support Operations Model: Origins, Development, Philosophy and Use. The Journal of Defense Modeling and Simulation: Applications, Methodology, Technology,( 2011); vol.8, 2: pp. 69-77. Ceranowicz, Andy and Torpey, Mark. Adapting to Urban Warfare. The Journal of Defense Modeling and Simulation: Applications, Methodology, Technology, (2005); vol. 2, 1: pp. 3-15. Gaffney, Helen and Alasdair, Vincent. Modeling Information Operations in a Tactical-level Stabilization Environment. The Journal of Defense Modeling and Simulation: Applications, Methodology, Technology, (2011); vol.8, 2: pp. 105-112. Monday, Paul. Architecture of the Counter Insurgency Experiment. The Journal of Defense Modeling and Simulation: Applications, Methodology, Technology, April (2009); vol.6, 2: pp. 69-77 Perliger, Arie, Hasisi, Badi and Pedahzur, Ami. Policing Terrorism in Israel. Criminal Justice and Behavior,(2009); vol. 36, 12: pp. 1279-1304. Read More