Intelligence activities and international law
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Chapter 2 in The Regulation of Intelligence Activities under International Law, 2023, pp 32-69 from Edward Elgar Publishing
Abstract:
This chapter addresses the relationship between international law and intelligence activities. It demonstrates, through doctrinal analysis, that international law comprehensively addresses intelligence activities, albeit indirectly. The chapter begins with a literature review showing the lack of a comprehensive framework through which to apprehend the interactions between international law and intelligence. Then, I identify a paradigm shift in the interactions between international law and intelligence. This shift led to the need for and possibility to identify a clear international legal framework governing intelligence activities based on their objectives, means, and methods. I sketch this legal framework, distinguishing between three types of intelligence activities: those inherently prohibited by international law due to their objectives, in direct contradiction with core principles of international law; those explicitly allowed by international law, within strict parameters; and those regulated according to their means and methods only.
Keywords: Law - Academic; Politics and Public Policy (search for similar items in EconPapers)
Date: 2023
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