التجسس في ضوء أحكام القانون الدولي العام

Abstract

The study deals with the legal provisions related to espionage. There are many questions on the legality of espionage, because it is incriminated by national laws. Accordingly, espionage lies in a grey area.

Technological advancement increases the complication of espionage processes when they are conducted through satellites. In addition, international organizations need espionage in order to perform peace-keeping processes. However, arresting a spy creates differential legal impacts. During wartime, the spy is tried, while the espionage of a diplomatic agent leads to expulsion or decreasing/breaking-off diplomatic relations.

The study presents some findings such as the following: There is currently no international instrument incriminating espionage. Moreover, it is not possible to make a long-term adoption for such an instrument. There is a juristic consensus indicating that espionage is not characterized. It is considered only an unfriendly act.

The study offers some recommendations which include the following: There must be a decisive separation between espionage forms. This separation can be made by characterization of espionage forms, in order to take it out of the grey area.