Intelligence law

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Intelligence Law is the field of law that pertains specifically to the fields of intelligence and espionage; the legality of domestic and foreign intelligence gathering by states, and the illegality of those same activities within the borders of any state. [1] [2]

Contents

Description

Intelligence law covers whatever laws that legitimize the existence of intelligence agencies, whether those are public sector, military, or commercial in nature. [3] Intelligence law also covers the criminal proceedings regarding the capture and prosecution of foreign agents captured on a state's sovereign territory. [4] [5]

Intelligence law is closely related to the fields of national security law, criminal law, and military law, and will often blend and crossover into those areas of law, especially considering the fact that some governments only possess military intelligence mechanisms, and no civilian government agency variants. [6] [7] It should also be noted that experts in intelligence law must also be practitioners of immigration law and, considering the fact that deportation proceedings are often an immediate reaction to most captures of foreign intelligence officers on a state's sovereign territory. [8]

However, some forms of intelligence law can also create legal frameworks within states for operations that violate international law, such as; human rights violations, repression of citizens, secret assassinations and murder, state terrorism, state-sponsored terrorism, arms dealing, extraordinary rendition, torture, kidnapping, false imprisonment and more. [9] [10]

See also

References

  1. "S. Intelligence & International Law | Columbia Law School". www.law.columbia.edu. Retrieved 2025-03-04.
  2. Daum, Jeremy (2024-02-22). "What China's National Intelligence Law Says, And Why it Doesn't Matter". China Law Translate. Retrieved 2025-03-04.
  3. "An Intelligence Law Primer for the Second Machine Age". TJAGLCS. Retrieved 2025-03-04.
  4. "NATIONAL INTELLIGENCE SERVICE". malawilaws.com. Retrieved 2025-03-04.
  5. "No. 1: Distinguishing Between Operational and Intelligence Activities". TJAGLCS. Retrieved 2025-03-04.
  6. "The Law No. 51/July 29,1991 on the national security of Romania" (PDF). Romanian Government.
  7. Boring, Nicolas (June 2016). "Foreign Intelligence Gathering Laws: Romania". maint.loc.gov. Retrieved 2025-03-04.
  8. "Parliament approves amendments to Egypt's General Intelligence Law". EgyptToday. 2022-02-23. Retrieved 2025-03-04.
  9. "Egypt - Intelligence". irp.fas.org. Retrieved 2025-03-04.
  10. Staffieri, Sebastian Ariel (2025-03-01). "What's going on in Argentine Intelligence?". The New Global Order. Retrieved 2025-03-04.