Milanovic: The International Law of Intelligence Sharing During Military Operations

Marko Milanovic (Univ. of Reading - Law) has posted The International Law of Intelligence Sharing During Military Operations (in Research Handbook on Intelligence and International Law, Russell Buchan & Inaki Navarrete eds., forthcoming). Here's the abstract:

Intelligence sharing is indispensable to modern coalition warfare, but also in numerous other contexts, e.g., peacetime counterterrorism. An excellent recent example demonstrating the importance of intelligence sharing to contemporary conflicts is the massive provision of intelligence by Western allies to Ukraine, to help in its resistance against the Russian invasion, but there are many others. This chapter examines the following international legal issues raised by intelligence sharing during military operations. First, whether the sharing of intelligence by a State with another State or non-State actor engaged in an armed conflict with a third party can make the sharing State a party to the armed conflict. Second, when intelligence sharing can be internationally wrongful on the basis of rules that may prohibit the sharing of intelligence as such, including the prohibition on the use of force, the principle of non-intervention, the requirements of neutrality, and international human rights law. Finally, State responsibility for complicity, whereby the sharing of intelligence becomes internationally wrongful because it facilitates the wrongful conduct of a third party.