Master thesis | Crisis and Security Management (MSc)
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This thesis investigates the effectiveness of the legal accountability mechanisms that govern the marketization of intelligence agencies. The current scholarly debate focuses primarily on...Show moreThis thesis investigates the effectiveness of the legal accountability mechanisms that govern the marketization of intelligence agencies. The current scholarly debate focuses primarily on accountability issues related to privatization of military functions, failing to provide a similar discussion of the conduct of private intelligence actors. Within this research, four types of legal accountability mechanisms are identified: international law, extended jurisdiction of national law, public law values and contractual law, and soft law. Subsequently, three case studies, to which one or more of these mechanisms apply, are evaluated regarding the effectiveness of the legal accountability mechanism or mechanisms in place. The findings show that there are four reasons why legal accountability mechanisms fail to properly hold Private Intelligence Companies and their employees to account. First, there is no clear and legally binding definition of the ground rules of privatization. Second, there is legal asymmetry between the government and the private sector. Third, political interference in legal processes problematizes the establishment of accountability. And lastly, there is a clear reluctance to enforce laws in place that should contribute to good behavior.Show less
