Covert action
Question
This week we discussed the importance of covert action as a foreign policy tool. So, consider the following questions.
What are the advantages and risks of covert action? Do you think that present legal oversight and safeguards are sufficient? What do you think the primary purposes of congressional oversight are? Is congressional oversight of covert operations too restrictive? How would you compare the conduct of operations under AUMF (which does not require congressional oversight) to CIA operations which require a written finding and reporting, at a minimum to the "Gang of Eight"?


Solution
Covert action
According to the United States of America Code
Title 50, Covert Action refers to the state's practices that impact the
political, economic, and military issues internationally. The public masses do
not appreciate its obligation. Even though covert force is essential in
protecting the nation's interests, they also have their advantages and
disadvantages. Just from the definition of covert action, there is the
advantage of deniability as long as the activities remain a secret. The main
reason behind such is scenarios is based upon two stands. That is essential
when open knowledge to everyone would affect the operation's success and
prevent the victims from retaliation and vengeance after being attacked.
Additionally, the United States government gets an opportunity to carry out a
foreign policy in terms of the authority to strike some actions while the
targets lack information about it. That is essential in situations where
diplomacy and war have completely failed, as it offers a quiet option in
finding a solution to the problems. However, it is also associated with some
potential risks (Cormac,
& Aldrich, 2018). For example, diplomatic disruptions may eventually affect
regional and international relations.
Besides, in cases where the United States militia is found guilty for
such covert operations in other countries, that is interpreted as war
activities as per the International law because it is a breach of the other
parties' sovereignty.
After several studies, I'm certain that the
current legal oversight and protectives are quite effective. Congressional
oversight is the obligation of the parliament to oversee and control all
federal activities, programs and policies. The power is originating from the
constitution under the implied powers of Congress. Conducting continuous
oversight of the Intelligence groups is essential because it maintains national
security and acts as a possible check and balance of power abuse. Therefore,
the Congressional oversight acts in part to slow down any war operations in
case of emergencies. However, the whole procedure today requires faster
intervention because matters to do with foreign policies have become numerous,
and many countries are also fighting modern cyberwars (Rositzke, 2019). For example, the 9/11 commission
regarded that the congressional oversight was no longer functional with only a
few solutions. Even after a long time of structural changes and authority, the
Commission remained functionless and counterproductive, an assertion that means
the oversight of covert activities is limited.
When comparing the AUMF and the CIA operations,
I think one of them happens to be more lenient than the other. For instance,
during the 9/11 attacks, the Head of State, George Bush, initiated the
Authorization for the use of Military Force (AUMF). The branch gave the President
the whole authority to apply any force at his disposal against those states,
entities and individuals that he thought planned, organized and helped the
terrorist acts in September 2011. Therefore, that is the reason why strikes are
conducted against any people who are dealing with terrorists (Cutler, 2017). However, the majority of the operations are
carried out by the Special Operation Forces (SOF). Therefore, the Central
Intelligence Agency (CIA) has a responsibility to provide written notification
to Congress to get permission to conduct certain operations and have the
particular findings. However, there are still some justifications as to why the
activities are conducted. The lack of such resolutions would make the approval
of such operations unnecessary compared to those requiring reporting. The AUMF
requires enough oversight because it only talks about a single individual, the
President, yet the actions always affect the interests of the whole nation.
References
Cormac, R., & Aldrich, R. J. (2018). Grey
is the new black: covert action and implausible deniability. International
affairs, 94(3), 477-494.
Cutler, L. (2017). AUMF, Transparency, and the
Role of Congress. In President Obama’s Counterterrorism Strategy in the
War on Terror (pp. 127-136). Palgrave Pivot, New York.
Rositzke, H. (2019). The CIA's secret
operations: espionage, counterespionage, and covert action. Routledge.




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