prohibited to interfere with their functioning using cyber means, irrespective of whether doing
so would amount to an attack as understood under IHL. In Costa Rica’s view, this obligation
also encompasses a prohibition against deleting or tampering with medical data (a category
that includes data necessary for the proper use of medical equipment, tracking medical
supplies, and personal medical data required for patient treatment).
60. Under IHL, personnel and objects engaged in or used for humanitarian relief operations
must be respected and protected by the parties to the conflict at all times.104 In Costa Rica’s
view, this obligation entails a prohibition against attacking or otherwise harming humanitarian
relief personnel and objects, an obligation to take feasible measures to protect them against
harm, and a prohibition against using cyber operations to interfere with the impartial efforts to
provide humanitarian relief, even if this interference would not rise to the level of attack. Costa
Rica understands the obligation to respect and protect relief personnel and objects as also
covering the associated data.
61. Under IHL, it is prohibited to attack, destroy, remove or render useless objects indispensable
to the survival of the population, including when using cyber operations.105 The protection
under this rule extends to the ICT equipment and the data needed to operate such objects.
Thus, for example, a cyber operation against food production systems, drinking water
installations, or wastewater management systems would be a violation of IHL even if it did not
reach the threshold of attack under IHL.106
Duty to respect and ensure respect for IHL
62. All States and parties to armed conflicts have an overarching obligation to respect and ensure
respect for IHL in all circumstances, including with regard to cyber operations during armed
conflicts.107 As noted in para. 40, this general duty entails that certain additional measures
with relevance to the use of ICTs must be taken already in peacetime to ensure respect for
IHL in the event an armed conflict occurs. In addition, States must investigate and prosecute
persons suspected of having committed war crimes, including through the use of ICTs during
armed conflict.108 States must also refrain from transferring cyber weapons, means and
methods of warfare where there is a clear risk that these would be used to commit IHL
violations.
Neutrality
63. The law of neutrality is applicable to cyber operations carried out during an
international armed conflict, and it protects the populations and the cyber infrastructure in
104
Geneva Convention IV, Articles 59, 70(4), and 71(2); ICRC Customary International Humanitarian Law
Study, Rules 31–32.
105
Additional Protocol I, Article 54; ICRC, Customary International Humanitarian Law Study, Rule 54.
106 Tallinn Manual 2.0 (n 4), Rule 141, para. 6, at 533.
107 Geneva Conventions, common Article 1; Additional Protocol I, Article 1; ICRC, Customary International
Humanitarian Law Study, Rules 139 and 144.
108 Geneva Conventions I–IV, Articles 49/50/129/146; Additional Protocol I, Article 85; ICRC, Customary
International Humanitarian Law Study, Rule 158.
17