Intelligence Activities and International Law
Peyton Cooke has an interesting paper on the status of “intelligence” activities in international and domestic law. It doesn’t seem to be on SSRN, but it is “Bringing the Spies in from the Cold: Legal Cosmopolitanism and Intelligence under the Laws of War,” 44 USFLRev 601 (Winter 2010). The argument takes up Eric Posner’s critique of “legal cosmopolitanism,” as a way to frame various questions of “intelligence” – including interrogation, detention, and targeting. It looks to draw intelligence activities under the laws of war, although I am simplifying a more complicated argument and view. My view, as I’ve discussed here, goes a different direction than armed conflict, but I’ll leave that aside. This is an interesting paper and worth a read.