International Humanitarian Law (IHL), Gaza Strip, Hospitals, Medical Protection, War Crimes, Principle of Distinction, Principle of Proportionality, Accountability, Rome Statute.

الملخص

The legal status and specific protection of hospitals under the international humanitarian law (IHL) in light of the Israeli military campaign against Gaza Strip as from October 2022 is addressed by this study. Based on an extensive legal survey and collection of case studies—of attacks launched against civic targets, including Al-Ahli Hospital, Al-Shifa (Suleiman Yousef Eye Clinic), Kamal Adwan Hospita—the article evaluates whether those attackshave complied with the principles that regulate distinctionproportionalityand military necessity. The findings all point to an undeniable trend of intentionally targeted attacks against medical facilities and professionals, in which the justifications for the military usage claims have not been supported by independent confirmation nor reached IHL’s high threshold that is necessary for protected status withdrawal. These measures have led to disastrous humanitarian effects, the implosion of Gaza's medical services and may already be in violation of Geneva Conventions -- as well as potentially constituting war crimes under the Rome Statute. The paper also examines the international reaction, stressing that accountability mechanisms have been paralysed and there exists a contradiction between legal prohibitions on genocide through domestication in national law and lack of enforcement. Ultimately the research finds that targeting hospitals in Gaza is a significant crisis for international law, and an urgent need to establish accountability processes – which are high-impact of sufficient deterrence value - exists in order to rebut the narrative surrounding impunity, thus allowing medical provision across times of conflict.