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Vienna Convention and Spies

Since March 3, 2016, after the incident of Indian spy Commander Kulbhushan yadav, many news stories were published in national and international newspapers and many stories were aired on news channels about Vienna convention and international laws. If we describe the spy the first thing which comes into our mind is “the spy is a person who breaches the privacy of individuals, work as an undercover and collects intelligence for his agency/department or country to achieve their goals and protect the national defense of his country”. So much like we have seen in movies or read in novels where a spy or group of agents plays heroic role to save peoples, cities from lethal threats.

How Vienna convention was first implemented and when it was held? When millions of soldiers and innocent peoples were killed and thousands of peoples became homeless in different countries in World War II. After no result of long war many countries thought “enough is enough now we should stop this madness”.

In 1949, International Law Commission assigned James Bareilly for addressing the subject, but shortly after 3 years he stepped down from his role. In 1961 Sir Humphy Waldock was appointed on this post. He crated draft of six reports for International Law commission and after the completion of all documentary work, the Vienna convention treaty was signed by 5 countries on 18th of April 1961. Treaty became effective and was first implemented on April 24th 1964 with ratification of 22 states in 1964 Vienna convention on consular relations. In both conventions 53 articles were passed in an intensive document form. As of October 2018 Vienna laws had been ratified by 192 states and 60 signatories.

If we take a look at events which are taking place around the globe today it becomes clearer that a large number of states and countries are repeatedly and continuously violating and breaking International laws. These laws are being violated on collective or individual level.

Central intelligence agency (CIA) has a history since World War II in breaching foreign countries privacy. Covert actions have taken many forms on many occasions by providing money and support to political parties in elections, creating obstacles and disturbing peace of foreign countries, attempting to assassinate foreign leaders.

Back in 2013 CIA’s employee and NSA (National security agency) contractor Edward Snowden revealed details of classified United States surveillance program in which it was mentioned that how state keeps their eyes on every single person. The surveillance program was operated by NSA and with the help of European governments called “Five eyes intelligence Alliance” with the co-operation of telecommunication companies. CIA and Five Eyes Intelligence Alliance was doing surveillance and it also prompted cultural discussion which can cause threats to national security and individual’s privacy. But the fact is monitrising the peoples and countries with the Five Eyes Intelligence Alliance program without their will was an unethical act and against the international laws.

Before Snowden the founder of Wiki leaks Julian P. Assange released number of classified documents of CIA and other agencies surveillance and espionage in foreign countries and in local states which is still available on Wikileaks.com.

Indian espionage in Pakistan is not hidden from many peoples. An Indian spy named Kashmir Singh who was spying in Pakistan and was arrested under the accusations of espionage and smuggling in 1973. That’s another angle that authorities could not prove it and after spending 35 years in Pakistani prisons he was released on the pardon of General Parvez Musharaf.

On March 3 2016, another Indian spy Commander Kulbhushan yadav was arrested in a counter intelligence operation from Baluchistan. Later on 6th of April he was sentenced to death by a field court martial in Pakistan under the charges of spreading terrorism and spying for India’s intelligence agency RAW (Research and Analysis Wing). Since his arrest, news about Vienna and international laws were surrounded in the atmosphere of media channels. In May 2017, India knocked the doors of ICJ (International Court of Justice) blaming Pakistani authorities for its denial of rights of consular access to Kulbhushan yadav in violation of the Vienna Convention laws. On July 2019, ICJ in its verdict denied India’s appeal for releasing Kulbhushan Yadav despite of Pakistan’s offer of granting India consular access as mentioned in Vienna laws. However court said that Pakistan breached the international laws by not granting him consular access. Pakistan told the international court of justice that Vienna laws on consular relations only applies to the legitimate visitors and do not cover this kind of operations.     

 Other Indian spies Ravinder Kaushik, Sarbjit Singh definitely disturbed and created problems in Pakistan’s peace and harmony, and ignited religious riots and violated the international laws.

If we look at how spies can be treated in war situations based on the Hague regulations of 1907 Geneva Convention states that : A Scout someone who stays in uniform or sufficiently designates himself as a combatant, risks of being caught behind enemy lines, if caught, this should be treated as a prisoner of war. But a spy who does not wear a military uniform is not entitled to protection as prisoner of war. His deceit can lead severe punishments from the captors.

But the question arises here that countries are well aware of strict international laws about espionage in order of Vienna and Geneva accords, why they are breaching rules? And powerful countries like America, Russia and Israel are continuously disturbing the privacy of foreign countries and individuals? Why weaker countries like Pakistan or India are held answerable always to International Court of Justice or before international community over breaching international laws? Why not others answer on international level? We have never seen that America or other powerful country answer to international community. Why the rules or international law applies on instable countries? And who will stop the powerful countries not to interrupt in other’s internal problems? 

And in the last a question which will always remain unanswered is:

                                                                                     “Who can spy on Spies”………?