Practice Relating to Rule 107. Spies
Kenya’s LOAC Manual (1997) defines spies as:
persons who, acting clandestinely or on false pretences, gather information in the territory of a belligerent party with the intent of communicating it to the enemy … If members of the armed forces gather intelligence in occupied territory, they may not be treated as spies provided they are in uniform.
Kenya’s LOAC Manual (1997) states:
Those captured while engaged in espionage do not have POW [prisoner-of-war] status but may not be punished without trial … Members of the armed forces who were involved in spying cease to be spies as soon as they return to their own lines. If subsequently captured, they cannot be punished for their previous spying activities.