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by arjn 3795 days ago
I'm surprised the Soviets let her go. Wonder why they did that ?
2 comments

At a high level, because it would have been directly counterproductive; at a low level, because her cover as an attaché of the US embassy came with diplomatic immunity. This doesn't leave the host country totally unable to respond in the case where a foreign intelligence officer is detected, but it does strictly limit the scope of such response; in practice, the most they can do, and from the sound of it what they did in this case, is declare the offender persona non grata, and put her on the next jet out of Sheremetyevo.

Of course, there's nothing that says the host country can't put a captured foreign intelligence officer in prison, or even execute such a person outright, beyond a simple reciprocal convention that such things aren't done. The reason why that generally doesn't happen is the same reason why civilized nations rarely visit atrocities on prisoners of war: a country which unilaterally abrogates such a convention risks having its own personnel treated just as badly.

In the case of espionage, there's the further, and major, consideration that any abrogation of diplomatic immunity risks a general breakdown of diplomatic relations, a state of affairs which between civilized nations generally presages the outbreak of warfare. Aside perhaps from a few madmen who never approached real power, no one on either side of the Cold War ever wanted it to turn hot, and the entire edifice of Cold War-era espionage existed precisely to help prevent that misfortune from ever coming to pass. Imprisoning foreign intelligence officers would, therefore, have been actively detrimental to the purposes of the nations which might have done so.

> there's nothing that says the host country can't put a captured foreign intelligence officer in prison

There is something that literally says that, which is article 29 of the Vienna Convention on Diplomatic Relations of 1961.

https://en.wikipedia.org/wiki/Vienna_Convention_on_Diplomati...

So, the way we as citizens are subject to the law of our respective governments, is the monopoly of violence. Obviously, a similar mechanism doesn't exist for international law[1], but violating a diplomat is technically casus belli.

Anyway, you're right in that the main sanction is the breakdown of diplomatic relations, but that doesn't mean that the ground rules are vague gentlemen's agreements and handshakes.

1: at least formally -- only a few countries would be able to get away with executing US diplomats without being treated to something resembling a monopoly on violence, yet the Vienna Convention is also respected among countries that could not do that

The article title is a misnomer: she wasn't a spy, she was an intelligence officer under diplomatic cover, handling the people who were doing the actual spying.
That isn't a differentiation that usually matters when applying the term 'spy' in general.
Actually, its a differentiation that most journalist and editors fail to make primarily because their publications sell better using the term "spy" instead of "(case) officer" for the intelligence agency employee and "agent" or "asset" for the actual spy that is being run.

Unfortunately, that disservice has existed for decades and is probably difficult if not impossible to break.

But it matters in this case, and it explains the confusion of the poster asking the question. A spy would not have been let go.
The diplomatic immunity is what mattered in this case. If it was someone with American citizenship but no other special status it probably would have gone differently.