War crimes prosecutors and intelligence agencies: the case for assessing their collaboration

Whilst recognizing important distinctions between different types of intelligence agency, and a range of possible contradictions between the imperatives governing the two types of agency, it is necessary to overcome the one-side quality of much existing literature, whose critique of the subversion of the rule of law by intelligence agencies tends to preclude any appreciation that such agencies can play a supportive role for war crimes prosecutors. This article challenges the assumption that analysis of the histories of Western intelligence agencies and the study of war crimes trials must be studied as entirely separate and sharply demarcated fields of inquiry; it advocates an interdisciplinary research programme, informed by a series of indepth historical case studies, capable of addressing issues arising from the interaction between these two institutional fields. The proposed research agenda could illuminate aspects of the contemporary role – and future potential of both intelligence agencies and war crimes prosecution bodies. It would investigate tensions between the prosecutors need to employ intelligence agencies to gather trial credible evidence and detain indicted defendants, often by covert and legally questionable means, and the constitutional justifications for holding war crimes trials by reference to the need to reassert the rule of law in the wake of lawless genocide.     

From laboratory to the WMD Commission: how academic research influences intelligence agencies

Academic research can improve national security, yet the process by which findings flow from the ivory tower to intelligence agencies is not well understood by scholars. This article addresses this gap through an exploratory case study of when research impacted intelligence: the incorporation of cognitive biases research in intelligence analysis. The results of this study illustrate the importance of idea entrepreneurs—individuals who promote academic research—as well as the need for making academic findings applicable to intelligence practitioners. These results, while based on a single case, suggest new avenues for scholarship exploring knowledge utilization in intelligence.     

Competitive intelligence and national intelligence estimates

National Intelligence Estimates are consensus-driven intelligence products. Yet there is considerable evidence supporting the use of competitive intelligence at every level of activity, including the presentation of finished products to consumers. We examine NIEs from two important periods in US foreign policy: the buildup in Vietnam and Gorbachev's reforms. We find in both cases alternate viewpoints were not presented in the US IC's premier intelligence product when such views could have made a difference. Consistent with contemporary findings in cognitive psychology, we argue the manner in which NIEs are structured and presented should be reformed to offer better decision support.     

Science,technology, and congress

James E. Katz is a sociologist and a member of staff at Bellcore, the research and engineering arm of the regional telephone companies. Among his books are Presidential Politics and Science Policy;and Congress and National Energy Policy.He has served as a Senate staff member. Research for this article was supported by the Carnegie Commission on Science, Technology, and Government.     

Loyalty and competence in public agencies

Competent public agencies are associated with better economic outcomes. Beyond competence, political leaders need to secure the loyalty of their agencies. Unfortunately, several theories predict a tradeoff between these two valued features. This paper finds that recruitment into agencies is meritocratic where (1) agency officials have poor outside options, (2) careers in agencies are long-lasting, and (3) agency loyalty is important. Moreover, agency competence is lower when (4) loyalty is important but the time horizon is short, and (5) outside opportunities improve but the time horizon is long. This evidence fits best with a theory of loyalty as non-contractible behavior.     

Public support for congress

The present inquiry focuses upon recent levels and trends of public support and nonsupport of the U.S. Congress. The data are drawn from statewide surveys of Wisconsin adults in 1970–1978 and from such sources as CPS/NES, Gallup, and Harris. Measurement focuses upon four major types of public support for Congress—pure specific support (performance), pure diffuse support (including general confidence in the institution, sense of personal efficacy in relation to Congress, desire for institutional reform or maintenance and the amount of power preferred for Congress relative to other branches), and two mixed types of support, long-term performance assessments and confidence in congressional incumbents. With few exceptions, Congress has suffered a general erosion of public support over the past decade on most indicators.An earlier, longer version of this paper was presented at the XIth World Congress of the International Political Science Association, Moscow, USSR, August 1979.     

Political Planomenon and the Secret Thereof

Abstract

Taking Derrida's notion of the ‘secret’ and Deleuze's immanence' as its starting point, this essay proposes a reading of Marx's living labour' that critiques Hardt and Negri's understanding of political subjectivity. In doing so, the essay examines the possibilities of rethinking political agency in terms of a ‘powerless power’.     

Political values in independent agencies

Despite that independent agencies are typically justified in terms of technical efficiency, they inevitably have to make political judgments. How can political reasoning be legitimate in such institutions? This paper starts by investigating the merits of two prominent models. The “avoidance model” asks agency reasoning to stick to empirical facts and as far as possible stay clear of political values. By contrast, the “specification model” recognizes the need for constructive normative work, but confines it to the refinement of given statutes. This paper challenges both models and defends a third alternative. The “public reason model” requires agencies to ground their value judgments in a publicly accessible framework of reasoning, which is here interpreted as their overarching mandate. The paper argues that agency mandates should be conceived as distinct domains of reasoning, and it delineates three institutional virtues that enable agencies to track this domain.     

Mapping EU agencies as political entrepreneurs

The European Union relies on decentralised agencies to implement important transnational regulations, such as certifying the safety of medicines. However, the authority of these agencies does not have ‘hard’ legal status and crucially depends on disseminating ideas and information effectively: what can be termed ‘political entrepreneurship’. This article provides the first comprehensive analysis of the political entrepreneurship of EU agencies by constructing a conceptual typology of entrepreneurial strategies. Drawing conceptually on transnational public administration, a new database is constructed of the ‘entrepreneurship’ of 33 EU agencies in 2014 based on their media communication activities, face‐to‐face networking in workshops and collaborations, and knowledge dissemination and ‘learning’ exercises. This is mapped against the political salience of agencies in the European Parliament and media. The mapping exercise shows four types of entrepreneurial strategies covering the population of EU agencies: technical functional, insulating, network‐seeking and politicised. The typology is validated through semi‐structured interviews in 11 EU agencies, showing the core characteristics of each type of strategy. The article concludes by arguing that this typology provides an important addition to existing categories of EU agencies based on autonomy and accountability, and advocates a future research strategy examining the interaction between agencies’ entrepreneurial strategies and the expectations and reactions of stakeholder audiences.     

Pathways to cooperation among public agencies

This study explores forces that push public agencies to overcome barriers to cooperation. Case studies of nine groups of local school districts examined the pressures that shaped local participation in cooperative programs. The literature on relationships among organizations suggests six possible reasons to bear the costs of cooperation: to get more resources, to satisfy norms and values, to obtain political advantage, to solve problems, to reduce uncertainty, and to obey legal mandates. Data from the cases illustrate strengths and weaknesses of these six theoretical lines of argument as they apply to the decisions of public managers coping with complex realities. A process model of cooperation integrates the lessons of the data into a perspective that highlights the role of demands for improved performance. The model offers realistic guidance for the design of workable cooperative relationships.     

Symposium: Policy analysis for congress. Policy analysis for congress: Lengthening the time horizon

Policy analysis for the Congress is a timely subject. Several policy initiatives have emerged recently from the “first branch.” Others have demonstrated an independent capacity for analysis that is impressive by historical standards. This article introduces a practitioner symposium of three related works on policy analysis for Congress, with appropriate commentary by a distinguished veteran. It argues that because timing is crucial in the congressional policy process, anticipation and advance preparation are central to the effective use of analysis. The other articles illustrate the stages of advance preparation—of the policy analyst, the congressional environment, and the Member for voting—in the form of case studies.     

The Ultra Secret and Churchill's War Memoirs

Ultra was one of the best-kept secrets of World War Two, concealed for nearly 30 years. A major reason, this article argues, was the precedent set by Churchill's war memoirs, published in 1948–54. The intelligence authorities feared that, if Churchill disclosed anything about Ultra, this would be a green light to those who had worked at Bletchley Park. Using documentation from the Churchill Archives and the Cabinet Office files, the article examines the pressure they successfully put on Churchill and the way Ultra was edited out of his memoirs, looking particularly at big stories such as the battle for Crete, operation Barbarossa, Pearl Harbor and the D-Day deception campaign.     

Spreading intelligence

ABSTRACT

Defining intelligence is not just a terminological but also a political question. Intelligence methods are spreading quickly in the contemporary security landscape, and defining intelligence gives us a clearer idea of what we are in fact spreading, and therefore also of the political and social consequences that this may entail. When using intelligence methods in, say, policing, public administration or immigration services, we import a specific adversarial logic and thereby transform the social relationships that these regulatory and administrative practices support and rest upon. In this paper, I shall propose a new definition of intelligence in order to analyse the social transformations that may be produced by the logical structure implicit in the concept of intelligence.