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material and who, by definition, would not be entitled to receive the privileges of combatantstatus. 3354.17.1.1 General Usage of “Spies and Saboteurs” in This Manual. This manualgenerally uses the term “spying and sabotage” to refer to that general category of secretive,hostile activities that, when performed behind enemy lines, deprives that person of entitlement tothe privileges of combatant status. In some places, the phrase “spying, sabotage, and similar actsbehind enemy lines” is used to make more clear that this general category of acts is broader thanonly spying and sabotage.4.17.2 Spies. A person may only be considered a spy when, (1) acting clandestinely orunder false pretenses, (2) in the zone of operations of a belligerent, (3) he or she obtains, orendeavors to obtain, information, (4) with the intention of communicating it to the hostileparty. 336 During war, any person—military or civilian—whose actions meet all of theseelements may be considered a spy under the law of war.The following discussion elaborates upon the elements of spying.4.17.2.1 Acting Clandestinely or Under False Pretenses. Acting “clandestinely orunder false pretenses” means deliberately concealing or misrepresenting one’s identity andconduct. 337 For example, a member of the armed forces fulfills this element when the personwears a disguise, such as civilian clothes or the uniform of the enemy, so that the enemy will failto identify the person as a member of the opposing armed force.335 II-A FINAL REPORT OF THE DIPLOMATIC CONFERENCE OF GENEVA OF 1949 621 (Norwegian representativeexplaining that “[s]aboteurs could not of course claim protection under the Prisoners of War Convention; theyshould nevertheless be protected against criminal treatment and torture.”).336 HAGUE IV REG. 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 ofcommunicating it to the hostile party.”); LIEBER CODE art. 88 (“A spy is a person who secretly, in disguise or underfalse pretense, seeks information with the intention of communicating it to the enemy.”); id. at art. 83 (“Scouts, orsingle soldiers, if disguised in the dress of the country or in the uniform of the army hostile to their own, employedin obtaining information, if found within or lurking about the lines of the captor, are treated as spies, and sufferdeath.”); WINTHROP, MILITARY LAW & PRECEDENTS 766-67 (“A spy is a person who, without authority andsecretly, or under a false pretext, contrives to enter within the lines of an army for the purpose of obtaining materialinformation and communicating it to the enemy; or one who, being by authority within the lines, attempts secretly toaccomplish such purpose.”). Consider AP I art. 46(3) (“A member of the armed forces of a Party to the conflict whois a resident of territory occupied by an adverse Party and who, on behalf of the Party on which he depends, gathersor attempts to gather information of military value within that territory shall not be considered as engaging inespionage unless he does so through an act of false pretences or deliberately in a clandestine manner.”).337 See WINTHROP, MILITARY LAW & PRECEDENTS 767 (“The clandestine character of [the spy’s] proceedings andthe deception thus practised constitute the gist or rather aggravation of the offence of the spy.”); 1958 UK MANUAL330 (“The principal characteristic of the offence of espionage is disguise and secrecy in action.”). Consider AP Iart. 46(3) (“A member of the armed forces of a Party to the conflict who is a resident of territory occupied by anadverse Party and who, on behalf of the Party on which he depends, gathers or attempts to gather information ofmilitary value within that territory shall not be considered as engaging in espionage unless he does so through an actof false pretences or deliberately in a clandestine manner.”).151