U-2 FLIGHTS UNDER INTERNATIONAL LAW

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP80B01676R003400120021-1
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 7
• Document Creation Date: December 14, 2016
• Document Release Date: October 28, 2002
• Sequence Number: 21
• Publication Date: January 7, 1961
• Content Type: MF

Approved For Release 2002/11/19 : CIA-RDP80BO1676R0034001
l ORANOUM MR.- Direct" of Central Intelligence
SUBJECT:
U-2 Flights U&4sr International
This memorandum is for information only.
2. At Friday's meeting With the House Appropriations
Committee, the Chairman. tannes. raised the question of
whether the U-2 flights were a violation of international law.
Mr. Taber also raised the question of Russian spies being in
violation of international law sad suggested that the spies and the
U-2 were essentially the same under international law.
S. we have, searched thoroughly the authorities on this
subject and have found no support under international law concepts
that either espionage, or the 11-2 flights were violations of inter-
national law. The authorities s+seagnise the existence at the fact
of espionage and Oppenheim states that it is neltbor illegal. immoral
nor violative of international law. There is serious question of
whether or not the V-2 flights can appropriately be classified as
espionage under general concepts sine it does net fit the definitions
Utilised.
4. The Chicago Convention of 1944 defined among the signatory
nations the matter of sovereignty over air space. h!towever, the Soviet
Union is not a signatory to that Convention and this. cannot derive its
benefits. As tar as we have determined the question of sovereignty
of air space is not settled under international law except to the extent
set forth in the Chicago CApventi
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5. We know of no authorities who have discussed the U-2
flight who have characterized it as a violation of international law
except the Soviets. On the contrary, as you are aware, Arthur
Dean has argued against this position. In addition. the legal advisor
to the British Foreign Office has prepared a legal opinion in which
be argues that the U-2 flight was not espionage and. further, was not
a violation of international law. For information we have attacked
five articles on this subject:
fr~G
a. CIA prepared brief done shortly after I May? X961)
b. Arthur Dean article in the NEW YORK TIMES. 25
October 1960;
c. Opinion of Legal Advisor to the British Foreign Office.
dated 4 November 1960;
d. Article delivered by Spencer Beresford, special counsel
to the House Committee on Science and Astronautics
before the annual meeting of International Astronautical
Federation at Stockholm.Sweden, on 16 August 1960 and
e. Remarks of George J. Feldman at the International
Astronautical Federation, Stockholm. Sweden, on 16
August 1960.
6. The fact that the United States acknowledged the U-2 flight
of I May brings the incident under international law into new concepts
sines most writers on the subject have not treated the matter of
acknowledged agents and certainly there are no treaties concerning
acknowledged agents. In suaaamary. it can be seriously debated that
the U?2 flights were not espionage in the accepted sense. From our
analysis we do not believe the U-2 flights were a violation of inter-
national law nor have we found any serious students of international
law who have asserted it was a violation.
Att3. 5
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Distribution:
Deputy General Counsel
STAT
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OFFICIAL ROUTING SLIP
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DATE
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ACTION
DIRECT REPLY
PREPARE REPLY
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RECOMMENDATION
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Remarks :
Note: Original handcarried to DCI by
on Saturday, 7 Jan 61
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1/6/61
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ppr FORM NO. Replaces Form 30-4
I APR-55 2-37 , Which may be used. U. S. GOVERNMENT PRINTING OFFICE :1955- X342531,
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SUBJECT: Joint Committee on. Atomic Energy's Trip
to NATO Co retries
1. This memorandum contains recommendations in para-
graph 6 for the approval of the Director of Central intelligence.
2. Certain members at the Joint Committee, on Atomic Energy
are making a trip starting November 26th to inspect selected allied,
NATO and United States organisations deployed in Europe and the Near
East. Members and itinerary, both subject to change. are attached.
3. Mr. James T. Ramey, Executive Director of the Joint
Committee, has requested on behalf of this group two things from STATINT
the Agency:
b. He would like a briefing for him self on behalf
of the group on any information available as to re-
actions, demonstrations, or other circumstances that
might arise as a result of the group's visits to the
various sites.
ATINTL
STATIN
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political estimate on probabilities of ftussi*a withdrawal from the
country
moratorium on tests. The requested estimate
little technical
reactions is almost purely political and has infforn tion.
S. As to the briefing on what the group might expect in
the course of its visits. this could be provided by a team of
specialists from Mr. Sheldon's office familiar with the various
areas.
6. Recornmendations:
TATINTL
STATI
b. That Mr. Barney be given the requested briefing
on behalf of the group as to what may be expected during
the group's visits to various sites on the understanding
that this is provided for the group's appraisal and
decision and we are not taking responsibility for guiding
the group's movements.
LA W R ENC E R. HOUSTON
General Counsel
ATINTL
ATINTL
Attachments
itinerary
The recommendations in paragraph 6 are approved
ALLEN W. DU LoLES
Director
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