The largest hospital in Gaza City Al-Shifa Clinicas a “stronghold of terrorism” that “has lost its status protected by International Humanitarian Law”, he said Sharuz Shalicar, spokesman for the Israel Defense Forces (IDF) in the PULS 24 interview. In the event of war, the hospital is “a legitimate target that the Israeli military can attack”.
On Wednesday night, the Israeli army advanced on the hospital – Hamas fighters were reportedly killed; weapons, military technology and a terrorist command center were found, according to Israeli information.
Magic word: proportionality
Israeli military knows more than outside observers, says Human and international law expert Ralph Janik in the LIVE newsroom. The Israelites now have to prove that their claims are correct.
There is no object in international law that enjoys “absolute protection” per se, not even hospitals. But this does not mean that “you do not enjoy any protection”. The magic word here is: Proportionality.
Sharuz Shalicar, spokesperson for the IDF (Israel Defense Forces), in an interview
Israel must meet a “high standard of proof”.
Even if the hospital were used for military purposes by Hamas, proportionality would have to be established. This means that for any attack, the “expected military advantage” must be weighed against the expected “civilian costs”.
In this type of war, Israel has a “high standard of proof“. It must be proven that the hospital was actually “misused” by Hamas, but also the “military significance” of the hospital for the terrorists.
Human and international law expert Ralph Janik also highlights: The violation of international law by one party does not justify the other party also violating it. This means that even if Hamas violates international law, it does not mean that Israel can also violate it.
Dismantling Hamas “is not at all possible”
The release of Israeli hostages is Israel’s “most legitimate” war aim. The destruction of Hamas is the “most understandable” objective, says Janik. However, we must ask ourselves: is this objective realistically achievable and achievable?
After 9/11, the US also had to admit that eradicating terrorism around the world was not a possible objective. As understandable as the goal of destroying Hamas after October 7 may be, Israel must ask itself whether that goal can actually be achieved. “Even if it could be implemented, we wouldn’t get as many people to do it commit war crimes he must? Why is there no other way, because Hamas and the people are so closely linked?”, emphasizes Janik.
The real objective is, in fact, to “decisively weaken” Hamas. However, the destruction of Hamas is “It’s not possible at all“. “At least not in the context of a partially clean war,” said the international law expert.