U-2 FLIGHTS UNDER INTERNATIONAL LAW

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP64B00346R000200120001-0
• Release Decision: RIPPUB
• Original Classification: U
• Document Page Count: 5
• Document Creation Date: December 15, 2016
• Document Release Date: December 23, 2003
• Sequence Number: 1
• Publication Date: January 7, 1961
• Content Type: MEMO

Approved For Reba a OO4/ei~i P64B00346R000200120001-0
10 p, (. I
January 1961
MEMORANDUM FOR: Director of Central Intellieence
1. This raernorandum is fo,r information only.
y. At Friday's meeting vith the House Appropriations
:orn-mittee, the Chairman, Mr. Cannon, raised the question of
whether the U-G flights were violation of international law.
Mr. Taber also raised the question of Russian spies being in
Violation of international law and supeested that the spies and the
U-2 were essentially the same under international law.
We have searchcd Lhore ghly the authorities on this
suhject and have found no support under international law concepts
that either espionage or the U-2 flights were violations of inter-
rtational law. The authorities recognize the existence of tie fact
of espionage and Oppenhei.r states that it is neither illegal, immoral
nor violative of international la,&,. There is serious question of
-whether or not the U-4 flights can appropriately be classifiec, as
es.piorage under general concepts since it does not fit the definitions
utilized.
Fig. The C:hicaeo {`on,vention of 19,14 defined among the signatory
nations the matter of ;,over,=iurt~- ove? n.ir space. However, the Soviet
Union is :.ot a sienatorv to that --onvention and thus cannot derive its
benefits. As far as we have determined the question of sovereignty
of air space is not set led ucrdeer international law except to Cle extent
set forth in the Chicawo Convention.
Approved For Release 2004/01/15 : CIA-RDP.64B00346R000200120001-0
 Approved For Release 2004/01/15 : CIA-RDP64B00346R000200120001-0
5. We know of no authorities who have riiscaassed the U-4
flight who have characterized it as ;i violation of international law
except the Soviets. On the contrary, as you are aware, Arthur
:)ean has argued against this position. In addition,
hG.s a)repared a legal opinion in which
he argues that the U-2 flight was ;lot espionage and, further, vas not
a violation of international law. 'or information we have attache",
five articles on this subiect:
-. f-P, prepared brief done shortly after 1 May 1961;
b. Arthur Dean article in the NEW YORK TIMES, 25
October 19tbu;
STAT
STAT
Article delivered by ooencer Beresford, special counsel
to the House Committee on Science and Astronautics
before the annual m.eetir Q 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
r>ugust 1960.
t3, The fact that the United States acknowledged the U-2 flight
of 1 May brings the incident under, international law into new concepts
since most writers on the subject have not treated the matter of
acknowledged agents and certainly there are no treaties concerning
acknowledged agents. In summary, 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.
Deputy General Counsel
STAT
Approved For Release 2004/01/15 : CIA-RDP64B00346R000200120001-0
 SENDER WILL CHE
pp ov
0220-0
L SECRET
CENTRAL INTELLIGENCE AGENCY
OFFICIAL ROUTING SLI
TO
NAME AND ADDRESS
IN IA S
DATE
2
3
4
6
ACTION
DIRECT REPLY
PREPARE REPLY
APPROVAL
DISPATCH
RECOMMENDATION
COMMENT
FILE
RETURN
CONCURRENCE
INFORMATION
SIGNATURE
Remarks :
FOLD HERE TO RETURN TO SENDER
FROM: NAME. ADDRESS AND PHONE NO
.
DATE
App
rotgjR@LrAKSnqWps I -
FORM N0. Replaces Form 30-4 (40)
1 APR 55 237 / wh1Cb may be used. U. S. GOVERNMENT PRINTING OFFICE : 1955-0-342531
 SE R I E Cr rljp~
A " C 1VFIDENTIAL SECRET
CENTRAL INTELLIGENCE AGENCY
OFFICIAL ROUTING SLIP
TO
NAME AND ADDRESS
INITIALS
DATE
I
! _ ' I 1 rn rs
2
3
4
5
6
ACTION
DIRECT REPLY
PREPARE REPLY
APPROVAL
DISPATCH
RECOMMENDATION
COMMENT
FILE
RETURN
CONCURRENCE
INFORMATION
SIGNATURE
Remarks :
Note: -1eA8e -etulrr attachments to OGC.
FOLD HERE TO RETURN TO SENDER
FROM: NAME, ADDRESS AND PHONE NO.
DATE
CGC/L C 21 at
16lb1
pp ove a
1
20001-0
FORM Replaces Form 30-4 (40)
APR O. 237 Which may be used. U. S. GOVERNMENT PRINTING OFFICE: 1955-0-342531
 Approved For Release 2004/01/15 : CIA-RDP64B00346R000200120001-0
MEMORANDUM FOR: 'r.i.'E DIRECTOR
At yesterday's meeting with Mr. Can
the question was raised of U-2 flights under
international law. I have attached a brief
memorandum on this highlighting the points
raised in various detailed briefs attached,
all of which conclude that the U-2 flights were
not violative of international law.
.
n" WARNZR
o ekuty eneral Counsel
7 January 1961
(DATE)
D UGN 54 ioi WHICH MA BE ED.
Approved For Release 2004/01/15 : CIA-RDP64B00346R000200120001-0