Here we come to another anomaly: spying in itself is not a criminal act. That is clearly recognised by Article XXXI. of the Hague Convention already quoted. Consequently, unless he is taken in the act the spy is immune; once he has regained his own lines, and discarded his disguise, he is exempt from the consequences of his espionage, even though he were captured and identified ten minutes later. To constitute "spying" in the strict sense of the word, the offence must be carried out clandestinely, and _in the war area_. As we all know now, and as I and others pointed out years ago, the United Kingdom for many years has been flooded with German agents busily engaged in picking up information on naval and military subjects which would be of value to Germany. It is important to recognise that these agents _are not "spies" in the strict sense of the word_, since the United Kingdom is, happily, not within the war zone. In time of peace they could not be shot. When war began, however, they were guilty of "war treason" and liable to the death penalty. The case of Carl Lody, with which I deal fully elsewhere, is a case in point. Lody was not accused of "spying," but of "war treason." The word "spy," however, is convenient, and no doubt it will continue to be used without undue regard to the technicalities. It is necessary, I think, to make it clear how eminent soldiers have found it not beneath their dignity and honour to act as spies, even in the face of the general opprobrium which attaches to the spy. In the first place, the obtaining of information is essential to the successful conduct of war. Secondly, it is recognised that no moral guilt attaches to the spy, as is shown by the fact that he can only be punished if he is taken in the act, and as a preventive measure. Thirdly, we must remember that only a very brave man, ready to lay down his life for his country, could bring himself to act as a spy in war time. The spy, let it not be forgotten, is under no illusions; he takes his life in his hands, and he knows it. If he is caught there is no help for him; his doom is as certain as the rising of the sun. Only a man to whom his life was as nothing if risking it would serve his country's cause, would dare to undertake the perilous work of spying in time of war. Whatever other attributes the spy may possess, and many of them undoubtedly are individuals of a very undesirable kind, the possession of courage must be granted to them.