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Intelligence activities and international law

In: The Regulation of Intelligence Activities under International Law

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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.

Suggested Citation

  • ., 2023. "Intelligence activities and international law," Chapters, in: The Regulation of Intelligence Activities under International Law, chapter 2, pages 32-69, Edward Elgar Publishing.
    • Handle: RePEc:elg:eechap:21755_2
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    File URL: https://www.elgaronline.com/view/9781803927084.00010.xml
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    Cited by:

    1. Jiang, Yirui & Tran, Trung Hieu & Williams, Leon, 2023. "Machine learning and mixed reality for smart aviation: Applications and challenges," Journal of Air Transport Management, Elsevier, vol. 111(C).

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    Law - Academic; Politics and Public Policy;

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