Bridging the Divide: The Overlapping Worlds of Military Intelligence, Crime Intelligence, and Law

By Ian Janse van Vuuren, Candidate Attorney at René Harris Attorneys, Mossel Bay, South Africa

(The author writes in his personal capacity)

Introduction

Over the course of my 47-year career - spanning military intelligence, crime intelligence, management consulting (twice), and now the legal profession - I’ve had the unique opportunity to navigate vastly different disciplines, each with its own challenges, methodologies, and rewards (and heartaches). At 64, as I embark on what might be called my fifth career, this time as a candidate attorney, I find myself reflecting on the threads that connect these fields and the distinct qualities that set them apart.

My journey began at 17, when I joined the military, eventually rising to the rank of Colonel and serving as Director of Air Force Intelligence during a tumultuous period in South Africa’s history. From there, I transitioned into management consulting, where I honed my problem-solving skills across industries, including a memorable stint at the Defence Research Centre (an ARMSCOR – Armaments Corporation of South Africa) subsidiary, and as part of a team establishing the SA Banking Risk Information Centre (SABRIC), a pioneering private-sector intelligence capability.

Later, I found myself in Qatar, leading the development of an Operations Command and Control Centre (OC3) on The Pearl Qatar island, a role that tested my adaptability and resilience. Now, as I step into the legal profession, I am struck by both the familiar and the foreign aspects of this new discipline.

While my career path may seem eclectic, it has been underpinned by a common thread: the pursuit of knowledge, the application of analytical thinking, and a commitment to solving complex problems. This article explores the similarities and differences between three disciplines I’ve worked in - military intelligence, crime intelligence, and the legal profession - each of which has profoundly shaped my understanding of strategy, ethics, and the human condition.

I’m not going to dwell much on the consulting environment. It’s diverse, and much of what I used there I learned from, inter alia, the military. But it would also be true to state that much of what I learned in the field as a management consultant I could usefully apply in my other environments. This is especially true as far as problem-solving is concerned. As an example - the military was good at teaching you mainly qualitative problem-solving skills, but not so much at quantitative matters. I suppose that also depended in which discipline/mustering you were, so my pilot friends will probably differ from me vociferously. In the management consultant field, I had to apply my mind to problem-solving techniques like Six Sigma, FMEA, Hoshin Kanri, Balanced Scorecard, Blue Ocean, and many others.

At first glance, these three fields may appear worlds apart. Military intelligence operates in the shadows of conflict, crime intelligence navigates the murky waters of illicit activity, and the legal profession upholds the rule of law in courtrooms and boardrooms alike (there is, of course, also some overlap with crime intelligence, depending exactly where you work within the legal trade). Yet, they share a foundational reliance on information, analysis, and decision-making under pressure. At the same time, their purposes, methodologies, and ethical frameworks diverge in significant ways, reflecting the unique demands of their respective environments.

In this article, I will delve into these similarities and differences, drawing on my personal experiences and the lessons I’ve learned along the way. Whether you’re a seasoned professional in one of these fields, a student considering a career path, or simply curious about the interplay between these disciplines, I hope this exploration will offer fresh insights and spark meaningful reflection.

The Intelligence Cycle

To a certain extent, all three fields employ a variation of the so-called intelligence cycle (terminology may differ). A problem needs to be solved, which initiates some sort of planning cycle (Step 1 below). The main output here is the identification of the correct problem. That results in the development of a collection plan that indicates what information needs to be obtained and through which sources (Step 2). The terms data and information are used interchangeably here, although technically incorrect, as information has some level of value-added when compared to data.

In Step 3 – Processing – the information is considered in terms of its validity and source reliability. This is also where the information is indexed and filed, although this is nowadays largely an automatic process, considering the various tools at the disposal of an analyst and legal professional, not to mention the value-add that the rise of AI has brought along. Step 4 is the heart of the process, where the analyst has to compare the new information with existing information, intelligence, or cases to determine the extent to which the problem initially identified has been addressed. Despite the plethora of clever IT systems available to the intelligence analyst, like Palantir Gotham, i2, Spiderfoot, ESRI ArcGIS, and many others, there is still no substitute for the seasoned intelligence analyst. This also applies to the legal profession, where clever tools like Westlaw Edge, Casetext (CoCounsel AI), Kira Systems, and Maltego are available for use (if you can afford the subscriptions).

When it comes to Step 5, an old adage states that the best intelligence is useless if it does not reach the decision-maker in time. This applies to all three disciplines. But let us dig a bit deeper into the heart of the matter to properly understand the similarities and differences.

Information Gathering

Information collection and analysis are fundamental across military intelligence, crime intelligence, and legal practice. Military intelligence and crime intelligence primarily aim to understand threats and criminal behaviour, respectively. In fact, it is an exercise in risk management. ISO 31000 defines risk as “the effect of uncertainty on objectives.” And that, in fact, is what military intelligence and crime intelligence are all about – uncertainty management. The future is uncertain and will always be. Hence, the analyst’s primary mission is to reduce that cone of uncertainty to the smallest extent possible.

In contrast, legal professionals focus on gathering evidence and testimonies to construct robust cases. This could be for criminal law or civil law cases. Both branches fall under the broader classification of substantive law, which defines rights and responsibilities in legal contexts. Substantive law is the branch of law that defines rights, duties, and liabilities of individuals and entities. It establishes the legal framework that governs how people interact with one another and with the state. This contrasts with procedural law, which dictates how laws are enforced and applied in legal proceedings.

The sources of information utilized in these disciplines vary significantly. Military intelligence employs a range of source categories, including:

• HUMINT[i] (Human Intelligence).
• SIGINT[ii] (Signals Intelligence) which can be broken down into COMINT (Communications Intelligence) and ELINT (Electronic Intelligence).
• IMINT[iii] (Imagery Intelligence).
• OSINT[iv] (Open Source Intelligence).
• MASINT[v] (Measurement and Signature Intelligence).

With the exception of MASINT, these sources are also heavily utilised by crime intelligence agencies. SOCMINT[vi] (Social Media Intelligence) sources, a subset of OSINT, are also becoming more popular within the crime analysis environment.

In South Africa, legal professionals typically rely on authoritative sources such as:

• Case Law
• Legislation
• Common Law
• Customary Law

Additionally, persuasive sources - such as academic writings and foreign legal decisions - can influence judicial outcomes but do not have binding authority over the courts.

Analysis

Each field necessitates a thorough assessment of collected data to inform decision-making. Military intelligence analyses enemy actions to forecast potential courses of action, while crime intelligence evaluates criminal behaviour to predict future activities. Legal professionals, on the other hand, scrutinize evidence to ascertain the truth in legal cases.

This description, however, oversimplifies the complexities inherent in each discipline’s analytical processes. For instance, during my experience in Angola, we analysed the opposition’s air and air defence capabilities to provide our pilots with optimal flight profiles for ingress and weapon delivery – in short, to ensure that they knew where the target was, that they could hit it, and survive in the process.

Similarly, my role in crime analysis in the banking sector involved examining criminal modus operandi to determine the timing, location, and methods of bank robberies, to name only one example. The same was done to counter fraud. Multiple banks and jurisdictions were often involved, making this a highly complicated endeavour.

The legal environment is characterised by a more deterministic framework governed by specific forms, methodologies, and court rules that dictate how legal professionals conduct their analyses. This structured approach ensures that legal evaluations are consistent and adhere to established protocols, thereby enhancing the reliability of judicial outcomes.

Decision-making

Decisions based on intelligence are crucial in all fields. In military intelligence, decisions could affect national security or the survival of own combatants; in crime intelligence, they may influence law enforcement strategies; in legal practice, they affect the outcome of trials and legal precedents. The bottom line is that each discipline, be it legal professionals or intelligence analysts, has to assist decision-makers in making the correct decisions within a certain decision space.

To further elaborate on the examples used under Analysis – the primary outcome of military intelligence analysts is to assist operational commanders in making the best operational plans when engaging the opposition; the same to a large extent for decision-makers within the ambit of the crime-fighting space. In the legal environment, the approach is slanted towards ensuring that the magistrate or judge makes the “right” decision – “right” meaning in your client’s favour as a litigant. So, legal professionals bring significant value-add to decision-making by providing legal insight, risk assessment, strategic thinking, and ethical guidance. Their contributions are particularly valuable in high-stakes environments where compliance, liability, and contractual obligations intersect with business, governance, or personal matters.

Security and Confidentiality

All three areas require a high level of confidentiality and discretion. Military intelligence and crime intelligence professionals work with sensitive information that could harm national security or law enforcement efforts if leaked, while legal professionals handle confidential client information and privileged communication.

Purpose and End Goal

Military intelligence is primarily concerned with national security, anticipating military threats, and supporting defence strategy. Its aim is often to safeguard a nation against enemy forces. Crime intelligence is focused on preventing and investigating crimes. The goal is to apprehend criminals, disrupt organised crime, or dismantle illegal networks. It directly impacts public safety and law enforcement operations. Legal profession professionals (lawyers, judges, etc.) work to ensure justice is served. Their goal is to represent their clients, ensure fair trials, and uphold the rule of law.

Methodology

Military intelligence often involves covert operations, surveillance, reconnaissance, and technological tools like satellites or cyber espionage. The methods used are frequently more secretive and oriented towards national defence, including warfare tactics. Crime intelligence involves criminal profiling, surveillance, wiretapping, informants, and undercover operations. It’s focused on preventing, detecting, and prosecuting criminal activity, usually operating within legal boundaries. The methods in law practice are more formal and structured around legal procedures. They involve gathering evidence, conducting interviews, legal research, and preparing arguments in court. The focus is on fairness, due process, and the rule of law.

Ethical Considerations

Ethical considerations in military intelligence often involve the balance between national security and civil liberties. Intelligence gathering may sometimes conflict with individual privacy rights, and practices like torture or unlawful detention could arise in extreme cases. Ethics in crime intelligence often revolve around surveillance, data privacy, and respecting citizens' rights. There is a fine line between effective policing and infringing on personal freedoms, especially when dealing with informants or wiretapping. The ethical standards for legal professionals are clearly defined by legal codes and professional ethics (e.g., confidentiality, conflict of interest). Legal professionals are expected to represent their clients vigorously while adhering to the principles of fairness and justice.

Scope of Influence and Jurisdiction

Military intelligence has a national or international scope, sometimes dealing with cross-border security threats. Their work often transcends national legal boundaries and focuses on defence and warfare. Crime intelligence operates within a national or local jurisdiction and is concerned with criminal activity within that boundary. As is the case in Southern Africa, however, the development of a criminogenic market structure – supply and demand for products that are the proceeds of crime, like 4x4 vehicles – makes cross-border cooperation between law enforcement agencies increasingly important (and complex). While international cooperation can happen, their actions are usually subject to national laws. Legal professionals are bound by the laws and regulations of the jurisdiction in which they practice. They may have a more limited or localized influence (e.g., within a court system) but are strictly governed by the law.

Public vs. Private Sector

Military intelligence operates within the public sector, often within governmental defence departments. It is typically not public-facing, and its actions are kept secret for national security reasons. Crime intelligence can sometimes operate covertly or with less visibility. It often works in collaboration with other law enforcement agencies or private organisations (e.g., private investigations).

Of course, SABRIC, where I worked, was a private-sector crime intelligence capability that initially elicited much criticism from the Police and National Intelligence sectors, which both viewed intelligence as their domain only. Over time, as they saw the value-add that we were able to provide, that attitude changed. The great value that an organisation like SABRIC could bring to the table was that it enhanced the Police’s crime intelligence picture within the PPP (Private-Public Partnership) – they no longer had to deal with multiple banks to obtain a coherent picture of the state of crime within the banking (and cash-in-transit) environment – SABRIC served as a nodal point for all of that. In fact, with the later introduction of weekly hotspot meetings where SABRIC hosted organisations like the Police’s crime intelligence, CIT sector, retail sector, Post Office, insurance associations, and others, a truly joint business environment crime picture started to emerge.

Legal professionals are generally public-facing and operate within the judicial system. Their work is transparent, subject to public records and scrutiny, and held accountable by the legal framework.

Training and Background

Military intelligence personnel typically come from military backgrounds and undergo specialised training in intelligence operations, including cyber intelligence, HUMINT, SIGINT, and surveillance tactics. Crime intelligence analysts are often law enforcement officers with specialised training in criminology, criminal investigations, and intelligence analysis. Training focuses on understanding criminal behaviour, gathering evidence, and law enforcement procedures.

Legal professionals usually have formal education in law, including law school and passing a bar exam. Their expertise lies in interpreting statutes, case law, and regulations and applying them to individual cases.

Conclusion

While military intelligence, crime intelligence, and legal professionals deal with data gathering, analysis, and decision-making, they diverge in their core missions, methodologies, ethical frameworks, and the legal environments in which they operate. Military intelligence is more concerned with national defence, often employing secretive and sometimes aggressive methods. Crime intelligence focuses on law enforcement and criminal behaviour, balancing covert operations with public safety and civil liberties. Legal professionals are governed by strict ethical codes, ensuring justice within the confines of the law. Each discipline requires unique training, expertise, and operational goals that shape their practices and impact on society.

References

?[i] Human intelligence is collected from human sources during interviews, interrogations, and debriefings. HUMINT can also be collected through other intelligence activities such as covert action. https://www.apu.apus.edu/area-of-study/intelligence/resources/what-is-humint-and-how-is-it-used-in-the-intelligence-field/

?[ii] SIGINT is intelligence derived from electronic signals and systems used by foreign targets, such as communications systems, radars, and weapons systems, that provide a vital window for our nation into foreign adversaries' capabilities, actions, and intentions. https://www.nsa.gov/Signals-Intelligence/Overview/#:~:text=SIGINT%20is%20intelligence%20derived%20from,capabilities%2C%20actions%2C%20and%20intentions.

?[iii] IMINT, or Imagery Intelligence, is intelligence obtained via collecting and analyzing visual data from various sources such as satellites, reconnaissance aircraft, drones, and more. https://sociallinks.io/glossary/imagery-intelligence-imint#:~:text=or%20international%20level.-,Imagery%20Intelligence%20(IMINT)%20%E2%80%94,aircraft%2C%20drones%2C%20and%20more.

?[iv] Open Source Intelligence (OSINT) is the practice of gathering, analyzing, and disseminating information from publicly available sources to address specific intelligence requirements. https://www.recordedfuture.com/blog/open-source-intelligence-definition

?[v] Measurement and Signature Intelligence (MASINT) is scientific and technical intelligence information obtained by quantitative and qualitative analysis of data (metric, angle, spatial, wavelength, time dependence, modulation, plasma, and hydromagnetic) derived from specific technical sensors for the purpose of identifying any distinctive features associated with the source, emitter, or sender and to facilitate subsequent identification and/or measurement of the same. https://irp.fas.org/program/masint.htm

?[vi] Social media intelligence is a broad term that refers to one or more organizations’ collection and analysis of data from social media. Often, the process is facilitated by the use of specialist software, but it can also be carried out through more manual approaches such as data interpretation. https://seon.io/resources/dictionary/socmint/#:~:text=Social%20Media%20Intelligence)-,What%20Is%20SOCMINT?,help%20investigations%20of%20various%20types.

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