The Legal Status of Espionage under International Law

Abstract

Espionage is one of the oldest and most complex phenomena known to human societies. It has been closely linked to state conflicts and the pursuit of protecting national security and strategic interests. Despite its widespread presence in international relations, international law has not yet provided a clear and comprehensive legal framework to regulate espionage.                              

Espionage remains situated in a gray area between legality and illegality: in peacetime, it is considered a violation of international norms and the principle of good neighborliness, while in wartime, it is treated as a hostile act governed by the rules of international humanitarian law.    

This study aims to clarify the legal status of individuals engaged in espionage and to analyze the legal characterization of espionage acts in light of customary and conventional international law, particularly the Hague and Geneva Conventions.                                                                 

The study concludes that international law regards espionage as an unlawful act but nonetheless grants spies certain humanitarian guarantees upon capture, reflecting a delicate balance between national security considerations and the principles of international law.