Practice Relating to Rule 107. Spies
Section A. Definition of spies
The Military Manual (1993) of the Netherlands defines spies with reference to Article 29 of the 1907 Hague Regulations and states that this definition implies that combatants gathering information in uniform are not considered as spies.
The Military Manual (2005) of the Netherlands states:
A person who obtains, or tries to obtain, intelligence in a combatant’s field of operations, secretly or under false pretences, with a view to passing it to the opposite side, is treated as a spy. It follows that an undisguised member of the military, who engages in intelligence gathering behind enemy lines, is not a spy (e.g. reconnaissance units, AP II [1977 Additional Protocol II] Article 46). The same is true for undisguised military personnel in the area under the other side’s control.