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However, a person who seeks to send information to a State not involved in the conflictmay still commit acts punishable by the offended State, and that person’s conduct may fallwithin the broader category of secretive, hostile acts behind enemy lines. 3444.17.3 Saboteurs and Other Persons Engaging in Secretive, Hostile Acts Behind EnemyLines. In addition to spies, other persons acting clandestinely or under false pretenses with ahostile purpose behind enemy lines have also been treated like spies under the law of war.Like spies, persons engaged in these secretive, hostile activities behind enemy lines havealso been deprived of the privileges of combatant status and often been punished. For example,saboteurs 345 acting clandestinely or under false pretenses in the zone of operations of abelligerent are treated as spies. 346 However, activities besides sabotage that are helpful to oneside’s war effort that are done behind the other side’s lines have been punishable as well, oftenunder the rubric of “war treason,” 347 “secretly entering the lines,” 348 or “activities hostile to thesecurity of the State.” 349344 Refer to § 4.17.3 (Saboteurs and Other Persons Engaging in Secretive, Hostile Acts Behind Enemy Lines).345 2001 CANADIAN MANUAL 610(1) (“Saboteurs are persons operating behind the lines of an adverse party tocommit acts of destruction.”); GC COMMENTARY 57 (“Sabotage is harder to define, as no definition of it is given inany text in international law. The term ‘sabotage’ [in article 5 of the GC] should be understood to mean acts whoseobject or effect is to damage or destroy material belonging to the army of occupation or utilized by it.”).346 2001 CANADIAN MANUAL 610(3) (“Civilian saboteurs or saboteurs not in uniform are not so protected [i.e.,entitled to POW status] and are liable to be treated as spies. Such civilian saboteurs and saboteurs not in uniformmay be tried in accordance with the law of the captor and may face the death penalty. They must not, however, bepunished without a fair trial.”); 1958 UK MANUAL 331 (“Whether saboteurs, i.e., persons dropped or landed behindthe lines of the belligerent in order to commit acts of destruction and terrorism, are to be treated as spies depends onwhether they are caught in disguise or not. If they are disguised in civilian clothing or in the uniform of the army bywhich they are caught or that of an ally of that army, they are in the same position as spies. If caught in their ownuniform, they are entitled to be treated as prisoners of war.”).347 See GREENSPAN, MODERN LAW OF LAND WARFARE 330 (“The characteristic which unites all acts of war treasonis that they are hostile acts committed inside the area controlled by the belligerent against whom the acts are directedby persons who do not possess the status of combatants.”); LAUTERPACHT, II OPPENHEIM’S INTERNATIONAL LAW575 (§255) (“So-called ‘war treason’ consists of all such acts (except hostilities in arms on the part of the civilianpopulation, spreading of seditious propaganda by aircraft, and espionage) committed within the lines of a belligerentas are harmful to him and are intended to favour the enemy.”); LIEBER CODE art. 90 (“A traitor under the law of war,or a war-traitor, is a person in a place or district under Martial Law who, unauthorized by the military commander,gives information of any kind to the enemy, or holds intercourse with him.”).348 Ex parte Quirin, 317 U.S. 1, 31 (1942) (giving as an example of an unprivileged belligerent “an enemy combatantwho without uniform comes secretly through the lines for the purpose of waging war by destruction of life orproperty”); WINTHROP, MILITARY LAW & PRECEDENTS 786 (“A similar though less aggravated offence against thelaws of war is that of officers, soldiers, or agents, of one belligerent who come secretly within the lines of the other,or within the territory held by his forces, for any unauthorized purpose other than that of the spy, as, for example, forthe purpose of recruiting for their army, obtaining horses or supplies for the same, holding unlawful communication,&c.,--a class of offences of which instances were not unfrequent in the border States during our late civil war.”).349 GC art. 5 (“Where in the territory of a Party to the conflict, the latter is satisfied that an individual protectedperson is definitely suspected of or engaged in activities hostile to the security of the State, such individual personshall not be entitled to claim such rights and privileges under the present Convention as would, if exercised in thefavour of such individual person, be prejudicial to the security of such State.”).153