How German intelligence relies on external nations for their operations
Regularly, intel about a supposed terroristic suspect apprehended in Bernau originates from international spy organizations. Specialists contend that German law enforcement, particularly in the domain of terrorism, relies heavily on collaborative partners. This dependence is also due to rigid legislation.
This time, the arrest seems to have foiled a potential assault on the Israeli embassy. The credit goes to a helpful tip from a foreign intelligence organization. The Libyan suspect had discussed the attack plan in a chat with an IS member, and the foreign agency informed their German counterparts. The individual wasn't under their radar in Germany.
Previously, international intelligence services have been instrumental in revealing potential terroristic suspects, such as in a 2018 plot involving ricin in Cologne. At that time, American surveillance picked up on the suspect's online purchase of large quantities of the poison. The arrest in Bernau near Berlin yet again underscores the "high dependence of German security authorities on foreign intelligence services," mentioned Hesse's Interior Minister Roman Poseck.
"This reliance exists," agrees Markus Ogorek, a professor at the University of Cologne, in an interview with ntv.de. "The BKA's statistics show that out of the approximately 20 attacks thwarted at the last minute since 2010, in almost half the cases, the crucial tip-off came from foreign intelligence services." Germany is particularly dependent on collaborative services in the case of Islamic terrorism and sometimes in counter-espionage, according to Ogorek.
"We are heavily relying on the USA in the case of the IS threat," emphasizes security expert Guido Steinberg from the German Institute for International and Security Affairs. "Initial information about attack plans almost always comes from the USA, sometimes from Britain and occasionally from Israel." Steinberg points out two primary concerns. "Firstly: There might one day be a US government less committed to transatlantic relations and curbs or links this aid to conditions." Secondly, there was a period from 2014 to 2016 when the USA struggled to monitor IS communication, leading to a devastating wave of attacks – initially in Belgium and France, and later in Germany, at the Berlin Christmas market in 2016.
Foreign intelligence agencies, like those in the USA or Britain, not only have more resources and capabilities but also more powers. However, in Germany, these services are subject to stringent control requirements, approval, and documentation obligations. Measures that infringe upon fundamental rights must often be authorized in advance by independent oversight bodies. Comprehensive internet monitoring is prohibited in Germany.
Ogorek uses the example of online surveillance for illustration. "When reviewing data, an independent body must first scrutinize all collected data prior to the domestic intelligence agency's utilization." The time needed can be substantial. "As a result, the tool becomes practically useless, only appearing in the law in Bavaria," Ogorek remarks. On the other hand, phones can be seized by local police and analyzed without comparable oversight "and this happens daily in Germany, even for lesser offenses like drug-related cases. The standards don't match here."
The strict interpretation of the law in Germany safeguards civil liberties, which is a positive outcome of past experiences, according to Ogorek. "However, the Karlsruhe Constitutional Court's jurisprudence ultimately results in our relying on foreign services, which we don't control from the rule of law perspective."
Calls for More Powers
Following the Saturday arrest, there were demands to grant intelligence agencies more privileges. "It's unacceptable that we rely on foreign tips but can't fully leverage our own abilities due to a misguided understanding of data protection tying our hands," stated Thuringia's state constitutional protection chief Stephan Kramer. CDU security expert Roderich Kiesewetter criticized the lack of specific powers for German authorities to monitor messaging services, financial intelligence, IP address storage, and automatic facial recognition, as reported by the "Tagesspiegel".
However, any new laws must be constitutionally sound to avoid being struck down by the Federal Constitutional Court, warns constitutional law expert Mark Zöller in an interview with ntv.de. "I'm often surprised when politicians demand new powers without explaining how they can be implemented in a constitutionally viable manner," says the expert from Ludwig-Maximilians-Universität Munich.
Additionally, German intelligence agencies are more effective than their reputation suggests, according to Zöller. The relationship between agencies is always reciprocal. "In the long run, partner agencies expect reciprocal services even from friendly states. So, we're evidently good enough at providing information, which is why we receive it in return."
The foreign agency that provided the crucial tip about the Libyan suspect's terroristic plans was likely from a country with a robust intelligence service, such as the USA or Britain. In light of the reliance on foreign intelligence services for thwarting terror attacks, as highlighted by Hesse's Interior Minister Roman Poseck and Professor Markus Ogorek, the BND (Federal Intelligence Service of Germany) plays a crucial role in this collaboration.
