In May 2015, the Review Committee announced it would conduct an investigation into the Military Intelligence and Security Service’s (MIVD) contribution to targeting. The Review Committee defines this as the MIVD’s contribution to the selection process of targets (objects and/or persons) with a view to taking measures against them, which include making contact, taking them prisoner or eliminating them. The Review Committee focused on the role of the MIVD in connection to targeting in ongoing and recently concluded missions and relevant cooperation with foreign services from 1 January 2013. The Review Committee also looked at the legal framework relevant to this topic. The subsequent report was published in 2016. A summary can be found in the brochure pertaining to the report.
Conclusions on policy and practice
- The legal framework applied by the MIVD in its current intelligence provision policy is insufficiently focused on the risk that this can contribute to the unlawful use of force.
- The MIVD has purposefully made a contribution to targeting within the scope of two military missions (in which the Netherlands participated). These instances of intelligence provision were in accordance with the law.
- Except for military missions in which the Netherlands participated, the MIVD has not provided intelligence to foreign services for the express purpose of contributing to targeting.
- In spite of the MIVD not intending to contribute to targeting, some of the intelligence provided to foreign services could in principle be used for that purpose. The CTIVD has not found any concrete indications that the MIVD has accepted an unacceptable risk of a contribution to the unlawful use of force.
The CTIVD cannot answer the question of whether (lethal) force has been used as a result of intelligence of the MIVD. The foreign recipients of the intelligence are not accountable in that regard and the CTIVD does not have the power to investigate those recipients. In its investigation at the MIVD, the CTIVD has not encountered any concrete indications that intelligence provided to foreign services (except for military missions in which the Netherlands participated) has been used for the (lethal) use of force.
The CTIVD points to the importance of a clear legal framework for the actions of the MIVD. This report provides a framework as well as guidance to the MIVD for its future actions.