THE 5TH SYMPOSIUM ON the Law of Intelligence Services (Symposium zum Recht der Nachrichtendienste) took place in Berlin, Germany, on March 21-22.
In view of the
public criticism
that German intelligence agencies have faced in recent times, it was
probably a relief for their officials to be able to talk more-or-less
among themselves for once.
The event (see agenda
in .pdf) was organized by the Federal Ministry of the Interior and the
Federal Chancellery Office. This year’s topic was: “Intelligence
Agencies and Armed Conflicts”. It included the tried and tested mix of
academics —predominantly legal scholars—, practitioners and heads of
various government authorities. The majority of the external experts
discussed the complicated and, in Germany, arduous parliamentary
procedures that would arise in the event of a war.
In view of the controls increasingly
being placed on German intelligence agencies by various bodies and
authorities —which were also represented at the symposium— a certain
discrepancy became apparent repeatedly in the presentations: How can the
German intelligence agencies react adequately and quickly to hybrid
threats when these types of threat do not concern themselves with
administrative-legal subtleties and parliamentary procedures? Although
the concept of hybrid threats was generally taken for granted and
therefore hardly discussed in terms of content, those present agreed at a
minimum that disinformation is part of it. All the more worrying was
the statement by one speaker who explained that there was no official
definition of disinformation within the German security authorities’
legal codes.
In the discussion, the panel moderated by
Center for Intelligence Service Training and Further Education (ZNAF),
the common training and study location of the Federal Intelligence
Service (BND) and the Federal Office for the Protection of the
Constitution (BfV), clearly stood out and underscored that this
relatively new institution has made a name for itself in the academic
intelligence landscape since its establishment in 2019.
However, the symposium also showed that
the German security bureaucracy tends to reach its limits when it comes
to current developments in the unconventional domain. This was
demonstrated, for example, by a speaker’s demand that hybrid risks ought
to be assigned to a “state area of responsibility”. The problem,
however, lies precisely in the statelessness of hybrid risks. The
existing regulations are also proving to be counterproductive, in view
of the challenges: there would simply be highly heterogeneous
participants in the so-called Cyber Defense Centre, which would also
include police authorities. However, due to the strict separation in the
legal domain, personal data cannot simply be passed on from the BND to
the Federal Police, for example.
According to the BND, the agency is
well-positioned to counter threats in the virtual domain —note that a
third of all attacks seen in this area involve ransomware. Attacks on
German critical infrastructure have increased significantly, especially
since the beginning of the war in Ukraine. The authority’s Computer
Emergency Response Teams (CERTs) would keep an eye on this area. The BND
would be particularly well placed to respond to international threats
as, according to one speaker, it cooperates with around 500 foreign
intelligence agencies.
The latest developments confirm the need,
not only for sufficient personnel and state-of-the-art technology, but
also for vigilance and alertness in general: the German government
recently announced
that it holds the Russian secret services responsible for a series of
cyber-attacks on the party of Chancellor Olaf Scholz. The so-called
Taurus affair, which occurred just a few weeks ago, has also shown that
there is much need for optimization within the German security bureaucracy in the area of cyber awareness.
In the concluding discussion of the
symposium, a number of topics were explored in more depth, with the
heads of the three intelligence agencies also sitting on the podium this
time. An invited journalist reported that the head of the British
Secret Intelligence Service (MI6), Richard Moore, whom she had
interviewed, had stated that he did not understand the eternal German
debate about the nation’s intelligence agencies. There was too much
regulation and Moore doubted whether the Germans even knew where the
enemy and their partners were.
An interesting detail was mentioned by Martina Rosenberg:
For Germany’s Military Counterintelligence Service (BAMAD), the current
situation would entail various unclear legal issues. This concerns,
among other things, the German brigade stationed in Lithuania. For
example, what are the rules about the questioning of potential
prisoners? The director of the BND, Bruno Kahl, mentioned, with some
pride, that he had been trained in interrogation and had learnt Russian.
However, Kahl was less relaxed when talking about new legislation,
which would make the work of the intelligence services more arduous. In
his opinion, certain groups in society are pursuing alternative
legislation. Individuals had been found to have taken legal action in
the interests of these groups, he said.
Moreover, according to Kahl’s
self-confident view, the BND would continue to receive information from
its international partners because they were in receipt of information
from the BND in advance. It was a form of recognition toward the BND, he
said. Critics, however, tend to believe that the German intelligence
agencies are too self-limiting in their ability to gather much
information on attacks or enemy espionage, due to
self-imposed-restrictions —a view that was recently voiced by the former director of the BND, Gerhard Schindler.
The
representative of a state control commission ventured a look into the
future. According to him, there have been no significant changes for the
German intelligence agencies in their cooperation with the United
States under the Donald Trump administration. This could also be assumed
in the event of Trump’s re-election.
A month later, on April 22, another symposium (.pdf)
was held in Berlin, this time organized by the BfV. It was titled,
“Effects of International Crises and Events on the Security Situation in
Germany”. While the symposium in March opened with a keynote speech by
an academic, the President of the BfV, Thomas Haldenwang, gave the
opening speech this time. The content of the presentations, and the
composition of the participants, were highly reminiscent of the
symposium held in March. However, the developments of recent days show
the necessity for the German security authorities to deal even more with
scientific and pragmatic questions that venture beyond the political
discussions. In that respect, these events are a step in the right
direction.
Nevertheless, prominent critics —for example in light of current espionage incidents or Islamist demonstrations
in Germany— are calling for more competences and fewer restrictions for
the German secret services. Particularly in view of current cases such
as in Hamburg, where demonstrators called for the establishment of a
caliphate in Germany, the mainstream media are increasingly raising concerns about the excessive politicization of intelligence work in the country.
*Dr. Stephan Blancke is a political scientist and analyst whose
research focuses on international state and non-state intelligence. He
has researched Cyber Warfare in Geneva and worked in an Intelligence
& Analysis unit at the UK Home Office. He also worked at the Centre
for Science & Security Studies (CSSS) at King’s College London in
the field of proliferation and illicit procurement networks. Since
November 2022, he has been an Associate Fellow at the Royal United
Services Institute (RUSI) in London. Dr Blancke writes for Jane’s
Intelligence Review, Intelligence Online, NK News and others. He has
published on Chinese and North Korean espionage, extremism and
terrorism, as well as illegal trade on the dark web.