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In face of these uncertainties, some authors have thus sought to establish abstract models for evaluation.Deeks 2016 thus advocates for a “pragmatic” system that would determine the legality of acts of espionage depending on the interests at stake.
In legal scholarship, discussions have mainly focused on the legality of espionage under international human rights law.
Forms of espionage have become more diverse and sophisticated, involving a wide array of practices and actors.
In response, Forcese 2016 warns against the perverse side effects that such approaches could have on the overall international legal system.
Russell Buchan is senior docent in internationaal recht aan de universiteit van Sheffield in Groot-Brittannië en is van 19 augustus tot en met 13 september als Visiting Fellow verbonden aan het The Hague Program for Cyber Norms van het Institute of Security and Global Affairs van de Universiteit Leiden.
Along the same lines, Baker 2003 contends that states actually see espionage as a means to foster international cooperation.
These doctrinal divergences reflect the particular secretive nature of the state practice.
Although such operations are a very old and common practice, it is paradoxically not regulated by a single and coherent legal regime under international law.
Only the status of spies in times of war is, in fact, subject to specific international rules.
A certain number of publications give a general overview of the various questions raised by espionage activities under international law.
The main question is whether such activities are, in and of themself, legal.