National Security Intelligence Activity and the Just Intelligence Theory

Abstract

National security intelligence (NSI) activity is considered through a normative (ethical) lens and the application of a normative theory to NSI collection, analysis, and dissemination undertaken. The currently favored normative theory is the Just Intelligence Theory (JIT), derived from the Just War Theory, applicable to waging war. Whereas JIT has provided a useful starting point to normative theorizing about NSI activity as well as several specific insights, it has several significant deficiencies as a general overarching normative theory of NSI activity and, therefore, should be abandoned by qua general theory. For instance, NSI activity is largely epistemic (or knowledge-focused) activity, whereas waging war is kinetic activity, and this has important ethical consequences, such as that the principle of last resort applicable to waging war is not applicable to NSI activity. Moreover, other principles, such as the principle of discrimination, are applicable in a radically different manner.