The Israeli army entered Al-Shifa Hospital, the largest in the Gaza Strip, which houses around 2,000 people, including patients, doctors and refugees, this Wednesday with tanks and soldiers. During the five-day siege, health center staff reported through Doctors Without Borders (MSF) that evacuation was impossible because soldiers shot anyone who tried to leave. The lack of the necessary means to survive and carry out its health task, such as electricity, fuel, water, food and medicine, led to dozens of people dying there – including at least seven premature babies lying in incubators – and that was necessary in the hospital area a communal grave excavate to prevent the spread of disease.
More information
Concerned about the situation of the hospitals in the Gaza Strip, which have been attacked and surrounded by Israeli forces – 26 out of 36 are closed – the World Health Organization condemned this Wednesday the aggression against Al Shifa: “According to international law, humanitarian facilities, health facilities, health workers and ambulances are required .” and patients must be defended and protected from all acts of war,” said the director general of this UN body. And he added: “Even when health facilities are used for military purposes, the principles of distinction, precaution and proportionality always apply,” he continued. “Hospitals are not battlefields.”
Is it legitimate to attack a hospital during a war?
No. The IV Geneva Convention is precise in Article 18: “Civil hospitals established to care for the wounded, sick, disabled and those who have recently given birth shall under no circumstances be attacked; “They must always be respected and protected by the parties to the conflict.”
International humanitarian law (IHL) also prohibits attacks on ambulances carrying out medical tasks. “The transfer of wounded and sick civilians, invalids and mothers in labor, carried out by land in vehicle convoys and in hospital trains or by sea in ships used to carry out such transfers, shall be respected and protected,” it says. Article 21 of the same text.
Join EL PAÍS to follow all the news and read without restrictions.
Subscribe to
Is it legitimate to lay siege to a hospital?
Israeli attacks around Al-Shifa Hospital left the health center lacking supplies. Like Dr. As Khaled Abu Hamra described to this newspaper last weekend, the situation was “complete chaos,” with no internet, electricity, food, water or medicine. “We have to evacuate the hospital now, but they are shooting anyone who tries to escape,” he denounced, an accusation made by other doctors at the center quoted by MSF.
According to IHL, it is illegal to leave civilians without food and medicine. According to Article 23 of the IV Geneva Convention, the parties to the conflict authorize “the free passage of all supplies of medicines and medical supplies, as well as items necessary for worship, intended exclusively for the civilian population, even if they are enemies.”
The agreement provides, as exceptions, that “transports may be diverted from their destination,” “that control may be ineffective,” or that “the enemy may derive a clear advantage from this for his war actions.” Israel has not invoked any of these assumptions to block the arrival of food and medicine in Gaza.
Is there a situation in which hospitals lose their protection?
Yes. The protection of civilian hospitals may only cease “when they are used to commit acts harmful to the enemy in addition to humanitarian duties,” as stated in Article 19 of the IV Geneva Convention. Although international humanitarian law does not define what these “harmful acts” are, it makes clear that in no case should they be considered as such “the provision of assistance to wounded or sick soldiers in these hospitals or the theft of portable weapons and ammunition “. from these soldiers.” who have not yet been handed over to the relevant service.” For example, the medical care of a wounded Hamas member, as long as he does not take part in combat operations despite his injuries, is not one of the reasons why a hospital loses its protection.
Since there is no definition of “harmful acts,” the International Committee of the Red Cross considers that a hospital loses its protection when it no longer fulfills its health function of caring for the wounded and sick and is used “directly or to intervene directly.” be used indirectly in operations.” military and thereby cause damage to the enemy.” And he gives several examples: “If a hospital is used as a base for an attack, as an observation post for transmitting military-valuable information, as a weapons depot, as a liaison center for fighting troops or as Refuge is used for “healthy fighters”.
What happens when it is certain that the enemy is hiding in a hospital?
“International humanitarian law is comprehensive when it comes to protecting hospitals in a war and the civilian population therein: it is not legitimate to attack them. Article 18 of the IV Geneva Convention makes it clear,” said Francisco Rey, co-director of the Institute for Conflict Studies and Humanitarian Action (IECAH) in a telephone conversation. According to the expert, “even if an enemy combatant had been on the roof of a hospital shootout, that combatant could not have been attacked if the danger to civilians in the attack had not been clearly apparent.”
Although international humanitarian law is not mechanically applicable, Rey recalls that it has fundamental principles such as the principle of distinction: “The attack is not legitimate if the harm intended to be inflicted on the enemy cannot be distinguished from that inflicted on civilians can be.” ” .
“It would definitely be very important that all kinds of evidence on these events be collected so that they could be used preferably by the various commissions of inquiry and, if necessary, the International Criminal Court,” says Rey.
What if Hamas used patients as human shields?
Israel has accused the Islamist militia of using hospital patients and civilians as human shields. “Not even” in this case would the attack be legitimate, Rey said. “Data provided by humanitarian organizations indicate that there are numerous civilian casualties in dramatic situations in Gaza hospitals. “The Israeli army’s incursion into hospitals is a serious violation of international humanitarian law and a possible war crime.” And he adds: “On the other hand, if Hamas were to use the hospital patients, doctors and civilians housed there as human shields, it would also seriously violate international humanitarian law.” According to Article 8.2.b.XXIII of the Rome Statute, which regulates the activities of the International Criminal Court, “to use the presence of a civilian and another protected person to protect certain points, areas or forces from military operations “Protect,” it says, is a war crime.
What if there were Hamas tunnels under hospitals?
According to Doctors Without Borders, while health centers could lose their special protected status if they are used for hostile acts outside of their humanitarian function, “claims that tunnels exist under a hospital do not deprive the hospital itself of its protected status under international humanitarian law.” “Even if the destruction of underground tunnels were legitimate, it should not impact the hospital itself and would require all necessary precautions to avoid and/or minimize any damage to the hospital, medical staff, patients and civilians.” , NGO sources added.
What happens if an evacuation notice has previously been issued?
Although Israel ordered the evacuation of hospitals in the northern strip at the beginning of the conflict, a hospital only loses its protection if it is used for “enemy damage.” Despite this, Al-Shifa Hospital staff were willing to leave the center last weekend as long as the evacuation of around 600 patients was made possible. Israel did not allow this and, according to Doctors Without Borders, Israeli forces shot anyone who tried to leave the hospital. The Israeli army has denied this accusation, claiming that civilians and patients could enter and exit the hospital via the “eastern” side.
What evidence has Israel provided so far that hospitals in Gaza are a military target?
Israel claims that Hamas uses hospitals as a base for its operations. In the specific case of Al Shifa, MSF says it has not received any information to support this accusation. “The Médecins Sans Frontières staff on site are medical professionals, not military experts. However, we can say that we are following these allegations closely and have not received any report or tip from our staff at the hospital that supports the allegations that it is being used as a Hamas base,” explain sources to this NGO. in an email.
An adviser to Israeli Prime Minister Benjamin Netanyahu assured the American broadcaster MSNBC this Wednesday that the soldiers had found weapons in the attack on Al-Shifa Hospital. “We came to the hospital based on our information,” Mark Regev said. For its part, the army stated that weapons, technical materials and other military equipment were found during the operation in this health center.
A few days ago, Israel’s military communications department released an infographic, which could not be independently confirmed, that showed an entire network of tunnels and alleged Hamas military infrastructure beneath the medical infrastructure.
EXCLUSIVE RAW PHOTO: Watch IDF spokesman RAdm. Daniel Hagari walks through one of Hamas’ underground terror tunnels – only to exit on the other side at Rantisi Hospital in Gaza.
In these tunnels, Hamas terrorists hide, operate and hold Israeli hostages against their… pic.twitter.com/Nx4lVrvSXH
— Israel Defense Forces (@IDF) November 13, 2023
In a video published this Monday on the official account of the Israel Defense Forces (IDF), military spokesman Daniel Hagari explains the “evidence” that he says shows that Hamas, which de facto rules and depends on Gaza The Ministry of Health, which controls the Gaza Strip, used another hospital, Al Rantisi Children’s Hospital, as a base of operations. First, it shows that next to the hospital there is an entrance to a tunnel that is supposedly part of the so-called Gaza Metro, Hamas’s underground network of communications, shelters and command posts. He then enters the hospital grounds and displays an array of “big fight” weapons, such as Kalashnikov assault rifles and explosive belts, to demonstrate that the hospital was being used as a weapons depot.
Footage of an Israeli Defense Forces video purporting to show the list of names of Hamas militants who are responsible for caring for Israeli hostages every day at Al Rantisi Hospital. The names shown are the days of the week.
Hagari also points to an alleged list in Arabic that says: “We are in an operation against Israel that began on October 7th.” “This is a list of guards in which each terrorist writes his name and “It’s every terrorist’s turn to guard the people who were here,” he says. The title of the paper Hagari refers to is “Al-Aqsa Flood Battle, October 7,” the name given by Hamas to its unprecedented attack in southern Israel that killed about 1,200 people. However, it does not contain the names of the guards, but is a calendar in which the days of the week are written, starting with Saturday, October 7th.
Other evidence that the hostages were in the basement of this children’s hospital, according to Hagari, includes a package of diapers, a baby bottle, a toilet that he says was built “improvisedly,” or some curtains that cover a wall instead of a window.
Follow all international information on Facebook and Xor in our weekly newsletter.
Subscribe to continue reading
Read without limits
_