THE HAGUE TRIBUNAL – INTELLIGENCE ANALYST REPORT – FORENSIC FINDINGS OR ANALYTICAL INFORMATION LEGAL AND INTELLIGENCE COMPARATIVE APPROACH

Сажетак

The need to generate this research raised up after an intelligence analyst’s report was identified and accepted as a document containing a forensic assessment and/or estimation during the process before the International Criminal Tribunal for the former Yugoslavia. Namely, this рарег deals ,in one hand, with concepts of an intelligence analyst, his status and capacity of his report and, in other hand, with intelligence and forensic analysts and their relation from a criminal proceedings aspect. We find the reason for this in the fact that in the Tribunal criminal proceedings there is no clearly visible distinction between an investigative analyst, the forensic work based on the power of forensic (legality and legitimacy) and the forensic assessment and/or assessment given by an intelligence analyst and intelligence analysis findings as a product of an intelligence analysis process. This study points out that an intelligence analysis assessment is just a continuation of intelligence work in its cyclic process, as for an intelligence analyst flndings/report is just a method of intelligence work rather than a forensic assessment and/or estimation, as well as that an intelligence analysis is just a segment in an intelligence cycle, but not an independent forensic activity. It is not independent the activity of an expert in a criminal procedure.