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Spies Without Borders: International Law and Intelligence Collection

Journal of National Security Law and Policy, Vol. 5, 2011

32 Pages Posted: 28 Jun 2011  

Craig Forcese

University of Ottawa - Common Law Section

Date Written: June 15, 2011

Abstract

This article examines the status of peacetime spying in international law. Part I defines “spying” as the term is used in the article, focusing on collection of intelligence from human and electronic sources. The article then divides spying into geographic zones: territorial; extraterritorial; and transnational. In Part II, it examines doctrines of international law applicable to spying in each of these three geographic areas, focusing on sovereignty rules, international immunities and human rights principles. The article concludes that the question of international law and intelligence-gathering is not easily reduced to a simple question of legality or not. Instead, an assessment of legality depends on a careful assessment of the location and technique of spying in question.

Keywords: intelligence services, intelligence collection, intelligence gathering, international law, spying

Suggested Citation

Forcese, Craig, Spies Without Borders: International Law and Intelligence Collection (June 15, 2011). Journal of National Security Law and Policy, Vol. 5, 2011. Available at SSRN: https://ssrn.com/abstract=1873983

Craig Forcese (Contact Author)

University of Ottawa - Common Law Section ( email )

57 Louis Pasteur Street
Ottawa, K1N 6N5
Canada

HOME PAGE: http://www.cforcese.ca

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