Enemy Spies

[cj95]

Not sure if this is the correct forum but....

The subject came up recently in conversation about what happened to captured spies at the end of WOrld War II.

Were they released? Were they executed?

What exactly is the proper treatment of a spy during wartime? Supposedly Ive heard you can execute them, but is that still the case?

Looked around the net, but details are sparse. Wondering if anyone had any ideas.

Thanks

[Raptor1]

In which country?

Depending on the case, a spy would either be executed (As was the fate of many members of famous spy rings in Germany, such as the parts of Red Orchestra that operated in Germany and German-occupied territories), or imprisoned for some years.

I highly doubt that any captured spies were released immediately after the war though.

As for the proper treatment, this is what the Hague Convention of 1907 has to say about spies:

Originally Posted by Second Hague Convention

Art. 29.

A person can only be considered a spy when, acting clandestinely or on false pretences, he obtains or endeavours to obtain information in the zone of operations of a belligerent, with the intention of communicating it to the hostile party.

Thus, soldiers not wearing a disguise who have penetrated into the zone of operations of the hostile army, for the purpose of obtaining information, are not considered spies. Similarly, the following are not considered spies: Soldiers and civilians, carrying out their mission openly, entrusted with the delivery of despatches intended either for their own army or for the enemy's army. To this class belong likewise persons sent in balloons for the purpose of carrying despatches and, generally, of maintaining communications between the different parts of an army or a territory.

Art. 30.

A spy taken in the act shall not be punished without previous trial.

Art. 31.

A spy who, after rejoining the army to which he belongs, is subsequently captured by the enemy, is treated as a prisoner of war, and incurs no responsibility for his previous acts of espionage.