The Norwegian Parliamentary Intelligence Oversight Committee Geneva Centre for the Democratic Control of Armed Forces (DCAF) Human Rights Centre, Department of Law, University of Durham ACCOUNTABILITY OF INTERNATIONAL INTELLIGENCE COOPERATION WORKSHOP PROGRAMME Date: 17 – 18 October 2008 Venue: The Storting, Norwegian Parliament, The Conference centre Prinsens Gate 26, 0026 Oslo Accommodation: Thon Hotel Cecil, Stortingsgata 8, 0130 Oslo, Norway Point of Contact: Aidan Wills, email: a.wills@dcaf.ch Tel: +41 22 741 77 00; Fax: +41 22 741 77 49 Background International cooperation between national security and intelligence services represents one of most significant challenges to security sector accountability today. Since the end of the Cold War, the threats with which states are confronted have become increasingly transnational in nature, these include: large-scale organised crime; the proliferation of weapons of mass destruction; and international terrorism. The trans-boundary character of these threats has led to increased cooperation between the intelligence and security agencies of different states that seek to address these issues. While in some fields, cooperation between the agencies of western states is longstanding, since 9/11 there has be an expansion in the both the scope and scale of international intelligence cooperation; intelligence agencies now cooperate with an increasingly broad range of international partners in areas as diverse as weapons inspections, the prosecution of war criminals and the prevention of international terrorism. Recent activities associated with international intelligence cooperation have given rise to significant concerns regarding their impact upon human rights and civil liberties. Whilst a string of high-profile controversies have ensured that international intelligence cooperation has been subject to investigation by national oversight organs, international bodies and NGOs; national oversight and review bodies have struggled to ensure accountability for these intelligence cooperation activities. As a result, international intelligence cooperation has largely remained outside the scrutiny of oversight bodies. The resulting lack of accountability represents a major challenge and this will be thoroughly examined at this international workshop which will also explore possible solutions for strengthening the accountability of international intelligence cooperation. Objectives of the workshop: The workshop will bring together leading experts on accountability and intelligence, with the objectives of examining the accountability of international intelligence cooperation, exchanging views on good practices, and putting forward recommendations for strengthening democratic oversight of international intelligence cooperation. Participants Participants will include members of intelligence oversight bodies, representatives of civil society and international organisations, intelligence professionals, and academic experts. Organisation The workshop is an initiative of the Geneva Centre for the Democratic Control of Armed Forces, Durham University’s Human Rights Centre and the Norwegian Parliamentary Intelligence Oversight Committee, in cooperation with the International Secretariat of the Storting, the Norwegian Parliament in Oslo. Information The point of contact for the workshop is Aidan Wills at DCAF, a.wills@dcaf.ch; telephone +41 22 741 77 49, fax +41 22 741 77 05. All information will be made available at www.dcaf.ch. PLEASE NOTE THAT THE CHATHAM HOUSE RULE OF NON-ATTRIBUTION WILL APPLY THROUGHOUT THE WORKSHOP PROGRAMME OVERVIEW Friday 17 October 2008 13:30 – 14:00 Arrival of Participants and Registration 14:00 – 15:00 Session 1: Trends in International Intelligence Cooperation 15:00 – 16:00 Session 2: Challenges to Accountability: Blacklisting & Personal Data Sharing 16:00 – 16:30 Coffee Break 16:30 – 17:30 Session 3: Challenges to Accountability: International Operations & Rendition 19.30 Dinner hosted by the Presidency of the Norwegian Parliament. Saturday 18 October 2008 09:00 – 10:15 Session 4: Aspects of Oversight 10:15 – 10:45 Coffee Break 10:45 – 11:45 Overseers’ Roundtable 1 11:45 – 12:45 Overseers’ Roundtable 2 12:45 – 13:45 Lunch 13:45 – 14:45. Session 5: National and International Inquiries 14:45 – 15:15 Coffee Break 15:15 – 16:30 Session 6: Legality of International Intelligence Cooperation 16:30 – 16:45 Concluding Remarks and the Way Ahead PROGRAMME (10-10-08) Friday 17 October 2008 13.30 – 14.00 Arrival of Participants and Registration 14.00 – 15.00 Session 1: Trends in International Intelligence Cooperation Chair: Helga Hernes, Chair of the Norwegian Parliamentary Intelligence Oversight Committee, Oslo Norway Speakers: International Intelligence Cooperation: looking into the future Jørn Holme, Head of the Norwegian Police Security Service (PST), Oslo, Norway. International Intelligence Cooperation in Practice Richard Aldrich, Professor of International Security, University of Warwick, United Kingdom Questions and Answers 15.00 – 16.00 Session 2: Challenges to Accountability: Blacklisting & Personal Data Sharing Chair: Ian Leigh, Professor of Law and Co-Director of the Human Rights Centre, University of Durham, Durham, United Kingdom. Speakers: Blacklisting and Financial Sanctions against Suspected Terrorists Iain Cameron, Professor of Public Law, University of Uppsala, Sweden. Personal Data Sharing, Privacy and Surveillance Craig Forcese, Professor of International Law, University of Ottawa, Canada. Questions and Answers 16.00 – 16.30 Coffee Break 16.30 – 17.30 Session 3: Challenges to Accountability: International Operations & Rendition Chair: Andrea Wright, former Legal Counsel to the Commission of Inquiry into the Actions of Canadian Officials in Relation to Maher Arar, Ottawa, Canada. Speakers International Operations: Peacekeeping Operations, Weapons Inspections, Apprehension and the Prosecution of War Criminals Simon Chesterman, Global Professor and Director, New York University School of Law Singapore Programme, Singapore. Rendition Iain Cameron Questions and Answers 19:30 Dinner hosted by the Presidency of the Norwegian Parliament at the Stortinget’s Restaurant. Saturday 18 October 2008 9.00 – 10.15 Session 4: Aspects of Oversight Chair Craig Forcese Speakers Proactive and continuous oversight: constraints and possibilities Philippe Hayez, Associate Professor at Sciences-Po, former Deputy Director for Collection & Analysis at the Directorate General for External Security (DGSE), Paris, France. Independent oversight bodies: constraints and possibilities Helga Hernes Parliamentary oversight: constraints and possibilities Max Stadler, MP, Deputy Chair of the Bundestag Parliamentary Control Panel and member of the G10 Commission, Berlin, Germany. Questions and Answers 10.15 – 10.45 Coffee Break 10.45 – 11.45 Overseers’ Roundtable 1 Chairs: Ian Leigh & Richard Aldrich Panellists: Irene Michiels van Kessenich-Hoogendam, Chair of the Review Committee on the Intelligence and Security Services, the Hague, the Netherlands Göran Håkansson, Vice Chair of the Swedish Commission on Security and Integrity Protection, Stockholm, Sweden. Janusz Zemke (tbc), Chairman of the Defence Committee of Parliament of Poland (Sejm), Warsaw, Poland. 11.45 -12.45 Overseers’ Roundtable 2 Chairs: Hans Born & Philippe Hayez Panellists: Gérald Vande Walle, Member of the Standing Intelligence Agencies Review Committee, Brussels, Belgium. Helga Hernes, Chair of the Norwegian Parliamentary Intelligence Oversight Committee, Oslo, Norway. Petru Gabriel Vlase, Vice-Chairperson of The Joint Standing Committee for the exercise of parliamentary control over the activity of the Foreign Intelligent Service (SIE) Bucharest, Romania. 12.45 – 13.45 Lunch 13.45 – 14.45 Session 5: National and International Inquiries Chair: Bert van Delden, Member of the Review Committee on the Intelligence and Security Services, the Hague, the Netherlands. Speakers: Domestic inquiries into international intelligence cooperation: Scope, Limits and Impact Andrea Wright International inquiries into international intelligence cooperation: Scope, Limits and Impact. Hans Born Questions and Answers 14.45 – 15.15 Coffee Break 15.15 – 16.30 Session 6: Legality of International Intelligence Cooperation Chair: Simon Chesterman Speakers: National courts and international cooperation Ian Leigh Application of international law to international intelligence cooperation Mads Andenæs, Director of the Norwegian Centre for Human Rights, University of Oslo, Norway. Discussant Martin Scheinin, United Nations Special Rapporteur on the Protection and Promotion of Human Rights and Fundamental Freedoms while Countering Terrorism, and Professor of Public International Law, European University Institute Florence, Italy. Questions and Answers 16.30 – 16.45 Concluding Remarks and the Way Ahead Speakers Hans Born and Ian Leigh