While international law provides some safeguards for individuals accused of espionage, the complex nature of such activities often creates ambiguity and conflict.
Authors
Abhinav Mehrotra, Assistant Professor, Jindal Global Law School, O.P. Jindal Global University, Sonipat, Haryana, India.
Biswanath Gupta, Associate Professor, Jindal Global Law School, O.P. Jindal Global University, Sonipat, Haryana, India.
Summary
The recent capture of a spy in New York has sparked a controversy between China and the United States of America. In recent years, several countries have raised allegations against Chinese spies operating in various parts of the world. A few months ago, Indian media reported that a Chinese spy ship was detected in Indian waters, allegedly snooping on India. For a long time, India has also claimed that Sri Lanka’s Hambantota port is being used for spying on India. These recent incidents compel us to examine international laws related to espionage. Spying is one of the oldest forms of state action.
The International Court of Justice, in various cases such as the Rainbow Warrior and Kulbhushan Yadav, has addressed the issue of espionage in international law, which holds significant importance globally and for India. A person is considered a spy when, acting clandestinely or under false pretences, they obtain or attempt to obtain military information in enemy-controlled territory. Espionage refers to efforts made in enemy-controlled areas by a party to a conflict to gather information that may be useful for the conduct of war or hostilities.
Published in: News 18
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