Executive Summary
This thesis examines the legal framework for international cooperation in civilian intelligence, focusing on Finland's national legislation and comparing it with Denmark's. It highlights that while national legal frameworks exist, significant regulatory gaps remain at the international level, particularly concerning human rights and accountability.
Why It Matters
This document is crucial for defense and intelligence analysts as it dissects the legal complexities and regulatory gaps in international intelligence cooperation, particularly concerning national security, human rights, and the de facto norms like Originator Control.
Key Takeaways
- A partial legal framework for international intelligence cooperation exists at the national level, with Finland's legislation explicitly governing such activities while imposing human rights-based restrictions.
Source evidence · PDF page 66
The answer is, however, not straightforward; as this thesis demonstrates, a partial legal framework exists at least at the national level as shown by the Finnish example. The Finnish legal framework has provisions explicitly governing the international cooperation while setting human rights-based restrictions over it.
- The Originator Control (Orcon) principle acts as a de facto norm in the international intelligence community but faces challenges regarding accountability and human rights protection.
Source evidence · PDF page 66
On top of that, the Orcon principle functions as de facto norm within the international intelligence community, but it lacks the mechanisms for accountability. In addition, it has challenges regarding human rights protection.
- Finland and Denmark, both NATO and EU members, share similar security environments and identify Russian and Chinese espionage as primary threats, influencing their intelligence cooperation frameworks.
Source evidence · PDF page 8
Intelligence agencies of both countries identify that their main espionage threats are related to both Russian and Chinese espionage activities on their soil. 10 Furthermore, this thesis aims to compare the foundations of the legal systems such as Constitutions of both countries and Constitutions’ foundations for intelligence activities.
Strategic Relevance
The study's findings on the legal frameworks and de facto norms governing international intelligence cooperation are strategically relevant for understanding the limitations and challenges in intelligence sharing, oversight, and human rights compliance among allied nations.