Attacks on Hospitals under International Humanitarian Law: A Case Study of the Gaza Strip  Attacks on Hospitals under International Humanitarian Law: A Case Study of the Gaza Strip  Attacks on Hospitals under International Humanitarian Law: A Case Study of the Gaza Strip  Attacks on Hospitals under International Humanitarian Law: A Case Study of the Gaza Strip  Attacks on Hospitals under International Humanitarian Law: A Case Study of the Gaza Strip  Attacks on Hospitals under International Humanitarian Law: A Case Study of the Gaza Strip  Attacks on Hospitals under International Humanitarian Law: A Case Study of the Gaza Strip  Attacks on Hospitals under International Humanitarian Law: A Case Study of the Gaza Strip

Marwa Shakir kadhim

doi:10.65263/g7gh6z31

Authors

Marwa Shakir kadhim Author

DOI:

https://doi.org/10.65263/g7gh6z31

Keywords:

International Humanitarian Law (IHL), Gaza Strip, Hospitals, Medical

Abstract

Hospitals and the health care system in any society are its backbone, whether good or bad. During both peace and war, they shelter the sick and wounded emergencies of life-saving support by reducing suffering. In times of armed fighting, the services that these health facilities offer -- basic first aid and life-saving treatment to civilians as well combatant casualties -- is even more vital. Due to their crucial function, international humanitarian law (IHL) provides special protection for hospitals and hospital staff by according them the status of protected objects that cannot be attacked.

Hospitals and medical facilities are entitled to legal protection in international humanitarian law (IHL) based on established customary norms codiﬁed in the 1949 Geneva Conventions, as further elaborated upon by its Additional Protocol I of1977[1]. Intentional direct attack upon them is a war crime according to the Rome Statute of the International Criminal Court [2]. Yet despite these obvious legal protections, the Gaza Strip has seen a number of documented attacks on medical facilities in Israel's military assault. These assaults have targeted essential facilities, such as Al-Ma’madan Al-Ahli Hospital, Al-Shifa Medical Complex and Kamal Adwan hospital [3 – 5]. This study therefore seeks to explore the degree to which such attacks are consistent with obligations owed by warring parties, while simultaneously examining how actors in the international arena responds–or does not respond –to these purported infringements..

References

Bibliograpgy

[1] Dinstein, Y. (2022). The Law of Armed Conflict: An Introduction (5th ed.). Cambridge University Press.

[6] International Committee of the Red Cross (ICRC). (1958). Commentary on the Fourth Geneva Convention.

[7] International Committee of the Red Cross (ICRC). (1987). Commentary on the Additional Protocols of 8 June 1977.

[9] International Committee of the Red Cross (ICRC). (2016). Commentary on the First Geneva Convention (2nd ed.).

[10] International Committee of the Red Cross (ICRC). (2017). Commentary on the Third Additional Protocol.

[3] Human Rights Watch. (2023, November 14). Gaza: Unlawful Israeli Hospital Strikes, Fuel Cutoff.

[4] World Health Organization (WHO). (2024, May 28). Attacks on health care in the occupied Palestinian territory.

[5] United Nations Office for the Coordination of Humanitarian Affairs (OCHA). (2023, October 18). Hostilities in the Gaza Strip and Israel | Flash Update #12.

[8] International Committee of the Red Cross (ICRC). (n.d.). Customary IHL Database. (Specifically Rules 1, 7, 14).

[12] Human Rights Watch. (2015, October 4). Afghanistan: US Airstrike Hits Kunduz Hospital.

[13] Human Rights Watch. (2023, November 26). Gaza: Findings on October 17 Al-Ahli Hospital Explosion.

[14] World Health Organization (WHO). (2024, April 6). WHO-led mission reaches devastated Al-Shifa hospital, appeals for a deconfliction mechanism to allow access.

[15] Amnesty International. (2024, April 12). Israel/OPT: Evidence of crimes against humanity in Israel’s continuing attacks on Gaza’s healthcare system.

[16] International Committee of the Red Cross (ICRC). (2024, March 20). Gaza: Patients and medical staff must be protected amid major hospital military operation.

[17] United Nations. (2024, February 20). Security Council fails to adopt resolution demanding immediate humanitarian ceasefire in Gaza, as United States casts veto (UN Press Release).

[18] Médecins Sans Frontières (MSF). (2024, April 3). Gaza: "The level of destruction of Al-Shifa hospital is beyond words".

[20] Office of the High Commissioner for Human Rights (OHCHR). (2023, December 19). UN Human Rights Office – OPT: Appalling killing of civilians in raid on Al-Shifa hospital in Gaza must be investigated and those responsible held to account.

[22] Euro-Med Human Rights Monitor. (2023, December 16). Israel must be held accountable for its heinous crimes at Kamal Adwan Hospital.

[23] Office of the High Commissioner for Human Rights (OHCHR). (2024, May 7). UN experts shocked by death of Palestinian doctor in Israeli prison.

[24] Human Rights Watch. (2023, November 7). Israel: Ambulance Strike in Gaza Apparent War Crime.

[25] Al Mezan Center for Human Rights. (2024, January 10). Al Mezan demands the immediate release of Dr. Hussam Abu Safia.

[26] International Criminal Court (ICC). (2023, November 17). Statement of the Prosecutor of the International Criminal Court, Karim A. A. Khan KC, on the Situation in the State of Palestine: receipt of a referral from five States Parties.

[28] International Court of Justice (ICJ). (2024, January 26). Press Release (No. 2024/6): The Republic of South Africa v. The State of Israel.

laws

[2] United Nations. (1998). Rome Statute of the International Criminal Court. UN Document A/CONF.183/9.

[11] International Criminal Court. (2011). Elements of Crimes. ICC-PIDS-LT-03-002/11_Eng.

*"Published research papers and articles."**

[19] The Times of Israel. (2024, March 21). IDF: We killed 90 gunmen, captured 160 in ongoing Shifa raid; 500 terror-affiliated.

[21] UN News. (2023, December 19). Gaza: Rights chief ‘appalled’ by reports from Al-Shifa, Kamal Adwan hospitals.

[27] European Council on Foreign Relations (ECFR). (2024, January 25). The unmaking: How the Gaza war is destroying the rules-based order.

Authors

DOI:

Keywords:

Abstract

References

Downloads

Published

Issue

Section

License

Language

Make a Submission

Publisher