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Abstract

This thesis evaluates the extent to which intelligence operations constitute a violation of the principle of sovereignty in international law. It straddles the debate between whether such operations can be classified as minor breaches or substantial infringements of sovereignty. The research methodology employed involved a comprehensive review of relevant legal texts, case studies, international treaties, and scholarly commentaries. It adopts a comparative analysis approach, contrasting different views on the subject matter. The thesis first presents a theoretical background on the concept of sovereignty in international law, defining its dimensions, elements, and the recognized exceptions. The relevance of espionage activities in international relations, their historical development, and international perspectives on these operations are also explored. An extensive portion of the thesis is devoted to analyzing how intelligence operations violate the principle of sovereignty. It delves into the nuances of both minor and significant breaches, providing evidence from historic and contemporary espionage incidents. The argument hinges on the nature and extent of the intrusion, the damages inflicted, and the secrecy surrounding these operations. The thesis highlights how covert intelligence operations, especially those involving covert action, can pose substantial threats to national sovereignty. It brings to the fore the blurred lines between textual and physical borders, and the challenges these present to the traditional concept of state sovereignty. While the study recognizes that intelligence operations often involve some level of violation, it concludes that the scale of such violations is not homogeneous. The breach's magnitude is largely contingent on the type and intent of the operation, the affected state's responses, and the geopolitical climate within which the operation occurs. It underscores the need for robust international norms and legal frameworks to address the complexities brought by intelligence operations and foster mutual respect for sovereignty among nations. In conclusion, this thesis provides an insightful analysis of the intersection between intelligence operations and sovereignty in international law. It posits that the violation of sovereignty cannot be homogeneously classified as small or immense, but rather varies on a continuum, contingent on numerous factors. It calls for more nuanced perspectives and flexible legal approaches to address this complex and evolving issue in international relations.

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