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These kinds of activities almost necessarily take on the character of spying. 350 In manycases, these actions have been reported as spying. 351 However, the actual purpose of theseactivities may not be to gain or transmit intelligence information, but to take other sorts ofactions that would further the war effort.Thus, a belligerent’s presence on the territory controlled by an opposing State with ahostile purpose while clandestinely or under false pretenses, suffices to make that person liableto treatment as a spy under the law of war. 3524.17.4 Spying and Sabotage Permissible Under the Law of War. Under the law of war,belligerents may employ spies and saboteurs. 353Spying and sabotage are not prohibited by any law of war treaty to which the UnitedStates is a Party. For example, spying and sabotage are not prohibited by the 1949 GenevaConventions, nor defined as a “grave breach” of those conventions. 354 Similarly, spying andsabotage also have not been listed as war crimes punishable under the statutes of internationalcriminal tribunals. 355 In addition, law of war treaties that regulate, but do not prohibit, spying,recognize implicitly that belligerents may use this method of warfare. 356350 1958 UK MANUAL 331 note 1 (“A question may arise if a saboteur, being a member of the armed forces, iscaught in civilian clothes worn over or under his military uniform. It may be difficult to accept the defence that theintention was to shed the civilian clothing before the commission of the offence. Sabotage operations behind theenemy lines are frequently carried out by members of the armed forces in uniform who, upon completion of theirmission, make their way to the nearest neutral territory with a view to returning to their own country. If whenengaged in sabotage or subsequent evading action they are discovered in civilian clothing worn over their uniform orunderneath it they run the risk of being treated as spies and not merely as members of the armed forces engaged in asabotage mission. … It may well be that a sabotage mission behind the enemy lines inevitably takes on the addedcharacter of espionage, unless uniform is worn throughout the stay in enemy territory.”).351 L. Oppenheim, On War Treason, 33 LAW QUARTERLY REVIEW 266 (1917) (“Thus, in 1780, during the AmericanWar of Independence, Major André was convicted and hanged as a spy, although he was not seeking informationbut was returning after having negotiated treason with General Arnold; it was a case of war treason. And theJapanese Major Shozo Jakoga and Captain Teisuki Oki, who in the summer of 1904, during the Russo-JapaneseWar, were caught, disguised in Chinese clothes, in the attempt to destroy, with the aid of dynamite, a railway bridgein Manchuria in the rear of the Russian forces—a clear case of war treason—would previous to the HagueRegulations surely have been executed as spies; in fact the case was reported in the newspapers as one ofespionage.”).352 Ex parte Quirin, 317 U.S. 1, 38 (1942) (“[E]ach petitioner, in circumstances which gave him the status of anenemy belligerent, passed our military and naval lines and defenses or went behind those lines, in civilian dress andwith hostile purpose. The offense was complete when with that purpose they entered — or, having so entered, theyremained upon — our territory in time of war without uniform or other appropriate means of identification.”).353 See United States v. List, et al. (The Hostage Case), XI TRIALS OF WAR CRIMINALS BEFORE THE NMT 1245 (“Bythe law of war it is lawful to use spies.”); Richard R. Baxter, So-Called ‘Unprivileged Belligerency’: Spies,Guerillas, and Saboteurs, 28 BRITISH YEAR BOOK OF INTERNATIONAL LAW 323, 333 (1951) (noting that “espionageis regarded a conventional weapon of war, being neither treacherous nor productive of unnecessary suffering”).354 Refer to § 18.9.5 (War Crimes – Notes on Terminology).355 See, e.g., Charter of the International Military Tribunal, art. 6, annexed to Agreement by the Government of theUnited Kingdom of Great Britain and Northern Ireland, the Government of the United States of America, theProvisional Government of the French Republic and the Government of the Union of Soviet Socialist Republics for154