Why martial law allows attacks on a hospital in rare cases
Article 12 of the Additional Protocol to the Geneva Conventions states that “medical units” “shall at all times be respected and protected and shall not be the subject of attack.” However, this protection requires three conditions: membership of one of the parties to the conflict, its recognition and approval by one of the parties, and the certainty that it allows treatment “without any unfavorable distinction based on race, color, sex, language, religion or belief.” , political or other opinions, national or social origin, wealth, birth.
“Hamas is using hospitals for terrorist purposes. “This unhealthy exploitation of the people of Gaza must stop,” the Israeli army said on Wednesday. If this case is proven, the hospital can then be attacked by the IDF, obviously avoiding civilian casualties. “If a conflicting party uses it as a command center, it is an ‘act detrimental to the enemy’, which leads to it losing its special protection,” recalls Julia Grignon. International humanitarian law states this in Article 13. This protection can only be repealed if they are used to commit acts that harm the enemy outside of their humanitarian purpose. A “summons” must also be issued with “reasonable notice”.
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Also read the Hamas-Israel conflict: Why martial law allows attacks on a hospital in rare cases