Espionage in the 21st century: international legal perspectives

Abstract

Espionage has been a longstanding practice in statecraft, as states consider it a critical tool to safeguard their national interests. Espionage is permitted in times of war, as it constitutes a legal activity according to international humanitarian law, but in peacetime espionage is not regulated in international law. This study conducts a historical exploration of the phenomenon of espionage and aims to examine the provisions of international law on espionage and the rights of spies in IHL in order to shed light on the existing legal regime. In this attempt, it will also explore the different strands on espionage and their arguments towards the legality and illegality of espionage. Moreover, with the technological revolution and advancements in the wake of the 21st century, this research will address the new forms of espionage that have emerged, such as cyber espionage, and others that have revived, such as industrial or economic espionage, in combination with modern examples of espionage incidents, which will be also examined. This research will make an attempt to argue on the reasons that peacetime espionage has not been regulated by states. Last but not least, this area of studies is underresearched and under-developed, therefore this thesis attempts to provide insights on the international legal perspectives on espionage and expand on the current academic literature.