Practice Relating to Rule 107. Spies
Section A. Definition of spies
Chile’s Code of Military Justice (1925) defines a spy as:
1) anyone who surreptitiously or with the aid of a disguise or a false name, or by concealing his status or nationality, introduces himself in time of war and without justified aim in a war zone, a military post or among troops in the field; 2) anyone who conveys communications, messages or sealed documents from the enemy without being compelled to do so, or who being so compelled does not hand them over to the national authorities; 3) anyone who engages in reconnaissance, draws up plans or makes sketches of the terrain; 4) anyone who conceals, causes to be concealed or places in a safe place a person whom he knows to be an enemy spy, agent or member of the military.
The Code also provides that “enemy soldiers who, wearing their uniforms, openly enter the national territory for, inter alia
, the purpose of engaging in reconnaissance of the terrain or observing troop movements” shall not be considered as spies but shall be subject to the rules of war as laid down by international law.