Conference proceeding
Just spying: defending the legitimacy of covert action as the third way of diplomacy
Peace and Conflict Resolution Conference 2022 Proceedings, pp.71-91
Peace and Conflict Resolution Conference [PCRC2022], 9th (Bangkok, Thailand, 05/11/2022 - 07/11/2022)
2022
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Abstract
Spying is often referred to as the second oldest profession – yet the lawfulness of the employment of covert actors to achieve diplomatic and foreign policy objectives in a peaceful fashion has received patchwork attention from academia. Under both international and domestic legal frameworks, the covert acts of agents of a State are essentially unregulated, with espionage charges only attaching to the actions of a spy if they are caught, though sanctions may apply if the actions were attributable to their hosting nation. The obvious value of covert action remains the achievement of diplomatic and foreign policy objectives which cannot be secured by conventional means, and for which armed conflict is an unacceptable or unlawful recourse. This paper will critically examine the international and domestic treatment of three commonly employed forms of covert action by States: information operations, pre-emptive “strikes” and cyberattack or cyberwarfare. The specific methodology of each case study will be examined in detail and compared to both international and legal frameworks which might broadly apply to such conduct. These case studies will be used to present the argument that actions taken on a covert basis in furtherance of peaceful diplomatic or foreign policy should receive broader international and domestic legal protection to incentivize its use over armed conflict.
Details
- Title
- Just spying: defending the legitimacy of covert action as the third way of diplomacy
- Creators
- Brendan Walker-Munro
- Publication Details
- Peace and Conflict Resolution Conference 2022 Proceedings, pp.71-91
- Conference
- Peace and Conflict Resolution Conference [PCRC2022], 9th (Bangkok, Thailand, 05/11/2022 - 07/11/2022)
- Publisher
- Tomorrow People Organization; Belgrade, Serbia
- Identifiers
- 991013167310402368
- Academic Unit
- Faculty of Business, Law and Arts
- Language
- English
- Resource Type
- Conference proceeding