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24 Denv. J. Int'l L. & Pol'y 321 (1995-1996)
Espionage in International Law

handle is hein.journals/denilp24 and id is 327 raw text is: Espionage in International Law LT. COL. GEOFFREY B. DEMAREST* I. INTRODUCTION The development of international legal principles regarding peace- time espionage has lagged behind changes in international intelligence gathering norms and practices. For example, intelligence activities are now accepted as a common, even inherent, attribute of the modern state. Moreover, the success of international peace operations, and the positive contribution of non-governmental organizations to conflict resolution often depend upon timely, accurate intelligence. Accordingly, international law might better reflect an updated appraisal of peace- time intelligence activities. In an age that calls for increasing public knowledge of the world's diplomatic, military and criminal condition, international jurists should reconsider the identity and the fate of individuals accused of spying. International law regarding peacetime espionage is virtually unstated, and thus, international law has been an inappropriate and inadequate reference for either condemnation or justification of actions involving intelligence gathering. The fact that the intelligence function is an essential part of any policy or decision making process is axiomatic. Writers who have fo- cused on international themes note that for an international organiza- tion to maintain authority in its decisions and policies, it must have access to good intelligence.' The intelligence gathering activities of * LTC Demarest is a senior military analyst for the Foreign Military Studies Office (FMSO) at Fort Leavenworth, Kansas. He holds a B.A. in Economics from the University of Colorado, a Ph.D. in International Studies from the University of Den- ver Graduate School of International Studies, and a J.D. from the University of Denver College of Law, LTC Demarest is a Military Intelligence Officer, a Command and Staff College graduate, a graduate of the Defense Attache Course, and graduate of numerous other military courses. LTC Demarest's areas of academic interest include Latin America, insurgency- counterinsurgency, intelligence, international law, and national strategy. Recent pub- lications have appeared in Low Intensity Conflict and Law Enforcement, Democratiza- tion, Arms Control, Military Review, Small Wars and Insurgencies, and other profes- sional journals. He is currently working on a military history of the guerilla war in Guatemala between 1981 and 1984. He recently finished a book manuscript titled GEOPROPERTY: SOVEREIGNTY, NATIONAL SECURITY, AND PROPERTY RIGHTS that takes a new approach to international security studies. The views expressed in this article are those of the author and do not reflect the official policy or position of the Department of Defense or the United States Government. 1. See, e.g., Myres McDougal, et al., The Intelligence Function and World Public

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