2007
Revue internationale de droit pénal
Foreword
Steven W. becker
[*]
The present issue of the Revue Internationale de Droit Pénal is devoted to the
subject of law enforcement and intelligence cooperation.
The events of September 11,2001, brought about revolutionary changes in law
enforcement and intelligence sharing, which has been heralded as an
indispensable weapon in the current war against terrorism.
Despite these rapid and radical developments in the field, there has been scant
scholarly analysis of the consequences of conjoining two traditionally divergent
sectors, which were previously distinguished by function, degree of transparency,
and adherence to law.
The authors, whose backgrounds run the gamut from law enforcement to
defense, explore this enigmatic subject from a variety of perspectives, both
academic and practical. For example, how does the sharing of information
between intelligence agencies and law enforcement organizations affect its usage
as criminal evidence ? Is such evidence admissible if it is obtained
extraterritorially, even if by illegal means ? What of the use of classified evidence ?
How does law enforcement and intelligence cooperation affect privacy concerns
and data protection ? How is this phenomenon being addressed in the European
Union ? How is such cooperation affecting traditional mutual legal assistance
methods ? Does this new development represent a fundamental shift from a
citizen-oriented to an enemy-oriented criminal law ? Can intelligence activities
really be regulated on an international level ? How have individual nations
incorporated information-sharing into their domestic legislation ? What role do
extraordinary renditions play in this dynamic ?
Through this volume, the authors aim to address in depth these and other facets
of this rapidly developing trend in both domestic and international criminal law
with the hope that this ground-breaking study will lead to additional scholarly
investigation and public awareness of a phenomenon that will, for good or evil,
forever alter the landscape of criminal law and personal privacy as we know it.
[*]
Assistant Appellate Defender, Adjunct Professor of Law, DePaul University College of
Law, Chicago, Illinois (USA).