VOLUME LVIII – Number 3

Alexia Fitz

Abstract: Over time, intelligence, specifically the use of covert action has employed to address the foreign policy challenges faced by the United States (US) from the Cold War with Russia to today’s renewed strategic competition with China and ongoing threats from Russia. As covert actions continue to be used by states the international legal framework has developed to attempt to combat these often-violent paramilitary operations including assassinations and support for foreign militias. However, continued use of covert action is demonstrating that states perceive it to be a necessary evil regardless of international legal obligations because it provides states an option that is short of war. This paper uniquely argues that the US, as a global power, is leading the shift in customary international law to accept covert action as a necessary state practice through continued state practice and opinion juris. This paper takes a US-centric approach to define covert action, explore the practice of covert action by states, and dissects the relevant international legal framework.

Key Words: Covert Action, Assassinations, Paramilitaries, CIA, Nicaragua, International Law, Support for Foreign Milita, Opinio Juris, United States, Russia, China

About the Author: Alexia Fitz is a recent graduate of the George Washington University with a MA in Security Policy Studies concentrating in US National Security. She has focused her studies and research on military analysis, defense policy, and laws of war. Ms. Fitz previously graduated magna cum laude from Towson University in May of 2023 with a B.A. in International Studies and Political Science, and minoring in Human Rights and History.

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