Critical Analysis of Security Intelligence and Human Rights: Essay

This essay presents a critical analysis of P. Gill's article, "Security Intelligence and Human Rights: Illuminating the ‘Heart of Darkness’?" The analysis fairly summarizes Gill's argument regarding the tension between security intelligence practices and the respect for human rights, particularly in the post-9/11 era. It addresses the importance of balancing security concerns with legal, ethical, and rights-based considerations. The analysis discusses the role of law, rights, and ethics within controversial intelligence activities, such as interrogation and intelligence sharing. It also explores the vulnerabilities to abusive practices within the intelligence process and the need for enhanced oversight at various levels, referencing internal, legal, and policy measures. The essay concludes that while security measures are crucial, they must not undermine democracy and the rule of law, emphasizing the need for scrutiny of intelligence agency actions.

Critical Analysis

Table of Contents
INTRODUCTION...........................................................................................................................3
MAIN BODY...................................................................................................................................3
CONCLUSION................................................................................................................................7
REFERENCES................................................................................................................................8

Gill, P. (2009). Security Intelligence and Human Rights: Illuminating the ‘Heart of
Darkness’? Intelligence and National Security, 24(1), 78-102.
INTRODUCTION
Intelligence is the phenomenon which is regarded as the world’s oldest professions and there
is the long list of historical evidence that represent the intelligence which is around for the
thousands of years. Because of the profession, the intelligence officers provide information for
using both the options like overt and covert operations (Calhoun, (2018)). Covering the
uncertainties of 9/11 security environment and the arrival of “war on terror”, respective author
analyses the reinforced the incompatibility of secret intelligence and respect for the rights of
human. It represents the overall development that has caused by the changed perception of
security risks in terms of new terrorism.
MAIN BODY
Discussing the threats of 9/11 considering the context of law, rights and ethics are the
significant area of the intelligence practice that has the security operations. For this, re-
invigorated vision is important to protect the human rights without hindering the ability of
agencies to maintain the safety of public. The overall task is to make sure that these efforts do
not undermine the rule of law. The following argument is based on the role of law, rights and
ethics within the intelligence which are more controversial intelligence activities that include
interrogation, intelligence sharing, rendition and covert action.
While discussion about laws and legislations in terms of intelligence, laws are important
regarding the significant conditions for properly conducting the intelligence which is not a
sufficient condition. The 9/11 data protection principles are in the favour of data warehousing by
stating that the security threats were so significant as it requires special power for the
apprehension and also need to legislate respectively (Malan, (2017)). Considering the hyperbole
of author, the concerning principles are also agreed according to the suggestions that has special
powers and also need to identified and legislated considering the procedure of authorisation and
use that should be identified and the system of mistake for reassuring the citizens against the
abuse of power that should be initiated.
From the legal perspective, whatever the thing is required has greater accountability and
mistake for the new terrorism counter and also organise the crime legislation. Further, it has been

analysed that NSA’s activities are also yielded at the similar basis considering the
recommendations. As the high level independent experts tends to review the technology on the
basis of privacy advocate to balance the security and privacy concerns which are of great
legislative oversight and for the mass data collection that should be enacted in United States.
Further, the real world attempts to initiate similar things considering the suggestions that have
occurred in United states (Maximiliano, (2018)). Hence, it has been clear that more needs to be
done while introducing the mechanisms across the globe. The strong presence for the need of
effective measures in different political context.
In terms of rights, the structured needs must be argued undertaking the rights that are
limited as the author suggests the significant five principles to underline the system for the
overall control regarding the information that gather powers to prevent human rights and abuse.
It leads to include the observing the rule of law, proportional investigative factor regarding the
gravity of threat, techniques that needs to be weighed against the possible damage considering
the civil liberties and the social institutions (Pfiffner, (2018)). It represents that the higher the
authority need and the least intrusive technique of the information collection needs to be used
before the intrusive methods that are applied-except in the emergency scenarios.
Further, Gill (the author) recommended that they do not opt rigid approaches as advocated
by libertarians who focus on the rights and autonomy over the common goods. Apart from that,
the suggestions of Gill kept with adherence that the national security cannot be balanced against
the loss of liberty. The absolute rights cannot be balanced as the strong rights have few space for
the qualified or balanced rights regarding the infringement. Most of the people get agree with
approach to protect the rights at the time of allowing the practical security factors.
In regard of ethics, by arguing for the great ethical framework and structural loopholes, Gill
recommend that there is the requirement for the structural reasoning to ascertain the situations
under the rights need to be infringed (Njoku, (2020)). It is also considered that the organisational
cultures also sustain the working practices where the ethics become quite crucial as if the rights
needs to be infringed and should have ethical framework which is being operated in terms of
intelligence they might provide the proper clarity for the legislations in regard of rights of the
abuses, essential infringements and also deal with ethical dilemmas.
Therefore, it is specified that the ethical guidelines are also available to the officer in regard
of helping with the ethical factors. The enforcement of significant rules which depends on the

proper combination of training and management but it has suitable impact on the gauged by
taking significant factors into the relationship with discretion. Hence, it is assumed that all the
intelligence agencies have the unethical cultures in regard of devalue the moral basis of their
overall working and the risk that disconnecting them from the liberal and democratic society.
hence, this could be alienating that the intelligence community and the unethical creature.
Concerns over the intelligence process
The vulnerabilities to the abusive practices that exist within the intelligence process.
Considering the targeting, great profiling of the potential suspects for the airport security post
regarding 9/11 that raises questions about the discrimination and efficacy. Apart from that,
admitting the lack of data, making proper development of vision quite difficult as it leaps to the
conclusion about the behavioural profiling that will degenerate into the definite discriminatory
and ineffectual process (Blauwkamp, Rowling & Pettit, (2018)). It has been also noted that the
asymmetric nature of terrorism and the intelligence contest tend to rest towards the post of 9/11
intelligence requirement for the HUMINT. As the author is concerned with the shortage of vision
related to the authorisation of informers by undertaking the virtue which is close to the illegal
activities.
Undertaking the 9/11 into consideration the deconstructing torture warrant was in
argument but Gill is concerned with the practices to send the mixed messages to those whom
they seek to free from the oppression and also undertake the significant reasons. Gill also noted
that these practices have potential to lead and see the new normal that undertake the legal
regulatory frameworks in terms of torture that need precision and the effective demand to make
things for the real world unless the restriction are eased (Buchanan, (2018)). Further, it is also
reported that the abuse which has been occurred during the management time of Bush was
originated with the legal redefinitions and resulted in the legitimised torture.
The dissemination of the information and the individual during the transnational
intelligence corporation are majorly concerned with the perspective of rendition which is based
on the desire to neglect the restrictions on the interrogation. It has been identified that the
transnational actions are required in this complex environment undertaking the assumption
which most of all the cooperating partners are seeking for the free ticket and torture that has not
been supported by the evidence. Undertaking the interrogation for the post of 9/11 controversy

which is concern with the extent to which the coercion is used to gather information from
detainees.
There is no time for the justice to all the arguments but the few points might be noted.
Like, considering the principles of McDonald’s which states that the one wishes to deploy the
methods that would normally be illegal and need to legislate for them considering the proposal
for the torture warrants that follows the same perspective (Barnea, (2020)). Further, considering
the extreme situation tends to avoid the hypocrisy of the plausible deniability after which the
individuals might face subsequent prosecution regarding their activities to which their
supervisors has turned a blind eye.
Need for enhanced Oversight
Citing the display related to the human rights and security issues from the UK and US it is
supported by the author that the revitalisation of vision is important to protect the human rights
without hindering the agencies and the overall ability to maintain the safety of public. In regard
of this, the proper oversight as per the opinion is required to be conducted at the different level in
order to make effective decisions at the different levels considering the internal, law and policy
(Krieger & Meierrieks, (2019)). It is also analysed that the wider intelligence is inclined to agree
with the overall suggestions. The internal oversight depict that the author has begun to occur in
the western intelligence agencies. For instance, CIA has an internal, independent ombudsman
who tends to deal with primarily with the issues of politicisation.
The effective progress has been made in the recent years in terms of placing the intelligence
activities on the legal footing. It provides the basis for the democratic control of the intelligence
but the law is not sufficient. The legal structure and authorities also tends to provide simply a
superior cloak behind with the authoritarian practices start working. Hence, it is critical to
undertake the important reinforcement of law which is not only by the ideas of rights and ethics
but also by the re-focusing on oversight (Head, (2018)). Here, the strongest trend for the
intelligence oversight in the recent years has been developed for the parliamentary committees.
There has been a small rush of studies regarding the reflecting on the first ten years of the
intelligence and security committee’s existence that agree with ISC and show the importance of
innovation in the governance of UK intelligence which was established at the early times.
Therefore, there is the large area of discretion which is being available to the intelligence
agencies as how they work for the organisational cultures which is crucial to determine that how

it is exercised. Recruitment, training, ethical codes, co-operation at the international level and the
challenges of security networks are beyond the state which all are issued and need proper
attention.
CONCLUSION
Therefore, it has been analysed that presently the great pressure on the security authorities
and government to provide safety to public in terms of heightened the risk in precise manner
undertaking the size and source of the terrorist threat. Here, the task is to make sure that the
efforts do not undermine the overall democracy and the rule of law that does not threat itself.
Hence, the actions of intelligence agencies are required to scrutinised with more ambiguity.

REFERENCES
Books and Journals
Barnea, A. (2020). Strategic intelligence: a concentrated and diffused intelligence
model. Intelligence and National Security, 35(5), 701-716.
Blauwkamp, J. M., Rowling, C. M., & Pettit, W. (2018). Are Americans really okay with
torture? The effects of message framing on public opinion. Media, War &
Conflict, 11(4), 446-475.
Buchanan, P. G. (2018). Foreign Policy Realignment, Issue Linkage and Institutional Lag: The
Case of the New Zealand Intelligence Community. In New Zealand And The World:
Past, Present And Future (pp. 373-390).
Calhoun, L. (2018). Totalitarian tendencies in drone strikes by states. Critical Studies on
Terrorism, 11(2), 357-375.
Head, M. (2018). Legal perspectives on the growing militarization of domestic security and
policing. In Comparative Policing from a Legal Perspective. Edward Elgar Publishing.
Krieger, T., & Meierrieks, D. (2019). The economic consequences of terrorism for the European
Union. Published as: Krieger, Tim, 87-108.
Malan, M. (2017). Kinetic responses to global terrorism: Lessons from Africa. African Security
Review, 26(4), 341-361.
Maximiliano, E. K. (2018). The Challenges of democracy in the War on terror: the liberal state
before the advance of terrorism. Routledge.
Njoku, E. T. (2020). Investigating the intersections between counter-terrorism and NGOs in
Nigeria: development practice in conflict-affected areas. Development in
Practice, 30(4), 501-512.
Pfiffner, J. P. (2018). Decisionmaking, intelligence, and the Iraq war. In Intelligence and
national security policymaking on Iraq. Manchester University Press.