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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
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
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
1. See, e.g., Myres McDougal, et al., The Intelligence Function and World Public

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