under IHL or any other applicable rule of international law.97 Costa Rica considers this
obligation to reflect customary international law binding on all States. In Costa Rica’s view,
the obligation is also applicable to cyber means and methods of warfare. For instance, this
would include an obligation to review whether ransomware or other forms of malware
designed or expected to be employed in times of armed conflict are capable of being used in
accordance with IHL.
Information and psychological operations
57. IHL sets important limits on information and psychological operations during armed
conflicts, including when conducted through digital communication platforms. In
particular, parties to armed conflicts must ‘not encourage persons or groups engaged in the
conflict to act in violation’ of IHL.98 Moreover, IHL prohibits parties to armed conflicts from
threatening that no quarter will be given to surrendering enemy soldiers,99 from spreading fear
and terror among civilian populations,100 or from using propaganda to secure voluntary
enlistment of protected persons in occupied territories.101 In Costa Rica’s vision, these
prohibitions apply offline as well as online, and irrespective of which means of communication
are used. The use of information or psychological operations must also not amount to
outrages against the dignity of either civilians or captured soldiers, for instance by exposing
protected civilians or prisoners of war to public curiosity through disclosing their photographs
or videos on social media.102 Overall, parties to an armed conflict should integrate a gender
perspective in the planning and execution of information and psychological operations. This
might include tailoring messaging campaigns to address the specific circumstances and
needs of women, girls, members of the LGBTQ+ community and other vulnerable groups in
conflict-affected areas.
Specific protection
58. IHL affords specific protection to certain persons, objects and activities, such as medical
personnel and units; humanitarian personnel and relief objects; and objects indispensable to
the survival of the civilian population.
59. Under IHL, medical facilities must be respected and protected by the parties to the conflict
at all times.103 The obligation to respect and protect such facilities entails that it is also
97
Additional Protocol I, Article 36.
ICJ, Military and Paramilitary Activities in and against Nicaragua case, Judgment, 1986, para. 220; see
also Oxford Process, ‘The Oxford Statement on International Law Protections in Cyberspace: The
Regulation of Information Operations and Activities’ (June 2021), para. 8.
99
Additional Protocol I, Article 40; ICRC, Customary International Humanitarian Law Study, Rule 46.
100
Additional Protocol I, Article 51(2); ICRC, Customary International Humanitarian Law Study, Rule 2.
101
Geneva Convention IV, Article 51.
102
Geneva Convention III, Article 13(2); Geneva Convention IV, Article 27(4); see also ICRC,
Commentary on the Third Geneva Convention, 2020, commentary on Article 13, para. 1624.
103
Geneva Convention I, Article 19; Geneva Convention II, Article 12; Geneva Convention IV, Article 18;
Additional Protocol I, Article 12; Additional Protocol II, Article 11; ICRC, Customary International
Humanitarian Law Study, Rules 25, 28, and 29.
98
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