Full Description
The Research Handbook on Intelligence and International Law brings together expert scholars and practitioners to comprehensively assess how international law applies to the work of the intelligence community.
Among other issues, it examines: the role and impact of the intelligence community as a normative actor in the international legal system; the legality of influence operations; the lawfulness of covert operations; the international legal issues raised by intelligence sharing during military operations; the application of international law to political and economic espionage; State responsibility for negligent intelligence; the privileges and immunities of intelligence officials under the laws of peace and war; the collection of intelligence by peacekeeping missions; the protection afforded by international law to submarine cables; the legality of intelligence operations that expose gross human rights abuses; and the extent to which international courts and tribunals have examined the application of international law to intelligence activities.
This Research Handbook is an essential resource for students, academics, practitioners, and policymakers working in international law and intelligence studies.
Contents
Contents
Foreword x
Introduction to the Research Handbook on Intelligence and International Law 1
Russell Buchan and Iñaki Navarrete
1 The intelligence cycle in the digital age 9
Damien Van Puyvelde and Clara Broekaert
2 The intelligence function and world order 23
Eneken Tikk
3 The intelligence community as a normative actor under international law 43
Sophie Duroy
4 Regulating information operations and activities: the principles of
sovereignty and non-intervention 70
Zhixiong Huang and Xinyu Wei
5 Trip wires and thresholds: intelligence collection and the jus ad bellum 90
Craig Forcese and Simon Klee
6 The international law of intelligence sharing during military operations 111
Marko Milanovic
7 State responsibility for negligent intelligence 134
Asaf Lubin
8 The International Court of Justice and peacetime espionage 156
Iñaki Navarrete
9 Surveillance and the European Court of Human Rights 204
François Dubuisson
10 Economic espionage under international law 224
David P. Fidler
11 Intelligence collection and the international law of the sea 247
James Kraska
12 The use of submarine cable infrastructure for intelligence collection 278
Tara Davenport
13 Aerial reconnaissance and international law 309
Fabien Lafouasse
14 Surveillance satellites and international law 329
Russell Buchan
15 Peacetime cyber espionage and international law 353
Patrick C. R. Terry
16 Putting a spy in the dock: immunity from foreign criminal jurisdiction for
the crime of espionage 377
Tom Ruys and Paul David Mora
17 Intelligence collection in response to human rights crises 401
Naomi Hart
18 Civilians and military intelligence in international law 430
Alison Pert
19 The status and treatment of captured spies under the law of war 455
Heather A. Harrison Dinniss
20 The use of intelligence in UN peacekeeping operations: principles, rules,
and standards 474
Nicholas Tsagourias and Camino Kavanagh
