Free CIA Rendition and US Laws Essay Sample

Rendition has continued to cause a lot of concern and contentions for many nations in the world especially the United States. This has been act has been taking place even before the 9/11 attack resulting in the rendering of many people believed to have been involved in the terrorist activities. However, after the 9/11 attack hundreds of terror suspects were forced to CIA black sites and some rendered to foreign governments.  These renditions were organized by the CIA which does not only give direct assistance to the security state and the pentagon but also to other foreign countries which received some of the suspects (Michael, 2008) .Some of the foreign countries which took part in these illegal procedures include Egypt, Syria and Pakistan which handed over more than five hundred prisoners to United States security agencies without following the due process of extradition.

Laws to curb against this activity were however put in place following the recommendation of the 9/11 commission formed. The laws require that the government lead the way in making sure that the suspects are treated humanely and that it promotes freedom, democracy and champion reforms in the Islamic nations. Some of the 9/11 legislations that were put in place to guide the process of rendition include the act that required the United State to make sure that they better the program in order to make sure that it is not against the rule of law. However, this legislated was adversely violated as many renditions were carried out without following the due process of law.

According to Michael (2008) the reduction of torture cases or the likelihood of such was considered a very important legislation by the commission. The government was therefore obliged to keep its image since it had responsibility out renditions in way that the public do not perceive it as a torture process. Unfortunately, most renditions were torture in nature. This tainted the image of the government since the process also was not transparent. The legislation also required that rendition be done in the involvement of political leaders especially those in the senior positions. The process was however at most times carried out by the security agencies alone. This has continued raising questions on the ethical points of the Act.

The congress of the United States has powers to oversee the executive branch of government including all the federal state agencies. This involves monitoring, reviewing and supervising the activities of the federal agencies in the implementation of programs and government policies (Gene silverblatt,1995).The president can also be overseen by the congress with his or her signed findings statements sometimes forced to go through the congress before being implemented. However the president can sometimes have its findings signed to law and implemented if the matter is teemed be of national importance.

The law however does not allow the president to abuse this prerogative that is vested on him. Normally the president findings statements have to go through a legal procedure before they can be implemented. The president is required to report to the congress on the finding and determination with the findings reduced to writing and signed. The president is not allowed to take any action before the execution of the report in which the president as signed. The report should then be published in the federal register after the report has been reduced to writing and signed by the president. However if the publication shall be considered to be harmful to the security of the nation, the publication cannot be done. This information shall be accessible to the congress before it can be transmitted to the appropriate committee for its implementation. This gives the congress powers to check on the president before the findings are put acted. The cannot therefore except on critical matters of national security  have its findings not overseen by the congress as this would mean that many ethical considerations shall have to be overlook by the president causing him or her to go against the laws he or she vowed to obey, protect and preserve (James & Van, 2000)

The government of the United States takes the clandestine intelligence gathering in peace time under the national clandestine service which is under human intelligence in their military organization. They are main concern is to gather information and give information as they are considered as local informants during peacetime. They also carry out occupational assignment during peacekeeping. This group that carries out clandestine gathering is always treated as a national asset by the government. The groups information is highly secretive and should be kept confidential as much as possible. This information should not be shared with the other security agencies as it is sensitive to the national security.

However ethical issues have been raised on the confidentiality of the information that the unit has. Being put to work under human Intelligence (HUMINT) make it difficult for it to operate with minimum interferences that could make it work independently. The interferences that it faces make the information leak out to the wrong person putting the security of the nation at stake (WebRoots.org, 2001). Concerns have been raised therefore on how to make the unit independent through delinking it from the military. This will improve its service delivery and against the privacy and confidentiality of the information that they are empowered to collect

The issue of information and information sharing is highly defended by The National Security Act of 1947. This was put in place to empower U.s organs which were either established or to reinforce the existing ones towards dealing with the adverse effects of the just ended WWII and the start of the Cold War (Lynne, Zusman  & Neil, 2008).The Act is very clear for maintaining the secrecy and defending itself against any information war. Every sovereign state has a mandate to protect itself against proxy wars which can be engineered through many ways. In this case US has total right to protect itself by taking full charge of its information. Who knows the intelligence behind UN? No actual answer, but 'protecting' itself is what US is doing.

 

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