56. The legality of all new weapons, means and methods of warfare, including cyber capabilities, must be systematically assessed by all States. IHL requires that in the study, development, acquisition or adoption of any new weapon, means or method of warfare, States must determine whether its employment would, in some or all circumstances, be prohibited 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.
97 Additional Protocol I, Article 36.
Ministry of Foreign Affairs of Costa Rica, Costa Rica’s Position on the Application of International Law in Cyberspace (21 July 2023) 15-16
