The discussions surrounding the entry of IDF forces into the Shifa hospital compound in Gaza exemplify the challenge that Israel faces in its war against Hamas, an enemy that blatantly violates the laws of war while using these very laws against the side that is committed to honoring them.
Hospitals are granted "special protection" under the laws of war as part of the protection given to medical teams and facilities against direct and targeted attacks due to their humanitarian role. This special protection may be removed if a party to the conflict makes use of medical assets outside of their humanitarian function and exploits them for combat purposes. This includes situations in which a hospital is used as a headquarters, a hiding place for fighters, a base for launching attacks, an observation post to transmit information of military value, or an ammunition repository – all uses attributed to Hamas in Shifa Hospital. As a result, Shifa lost its immunity and became a legitimate military target for attack.
To remove the special protection of a hospital, the laws of war require the attacking party to provide due warning to stop the misuse and a reasonable time for the warning to be heeded. Protection can cease only after this warning has remained unheeded. In addition, there is an obligation to take feasible precautions to minimize harm to civilians, including patients and medical staff. The attack must be proportionate; that is, the anticipated collateral damage to civilians should not be excessive relative to the expected military advantage.
In recent weeks, Israel has publicly warned against the misuse by Hamas of the Shifa hospital and enabled ample time to stop this misuse. Israel also warned various officials at the hospital about its intention to enter the area and called for its evacuation several times; authorities in Gaza confirmed receipt of the warnings. In addition, Israel provided medical equipment and other supplies, including incubators, baby food, oxygen, and fuel, as well as means to evacuate patients. To minimize harm to civilians, Israel avoided air strikes and instead conducted a ground incursion, even though it put its own forces at risk. Before entering the hospital, the IDF forces created a special axis for the evacuation of the hospital and called in Arabic for the surrender of Hamas. Currently, the military forces are carefully advancing certain areas of the hospital in order to avoid harm to the patients and the medical staff. Eliminating the Hamas command and control center at Shifa Hospital can yield a significant military advantage to Israel, and as such, it may justify harm to civilians under the principle of proportionality.
Despite adhering to international law, Israel has faced significant criticism in the international arena, including from UN officials and the international media. Unfortunately, the international community's response plays into the hands of Hamas, which seeks to create a humanitarian crisis in the Gaza Strip in order to put pressure on Israel to cease its attacks and thus limit Israel's ability to dismantle the Hamas military infrastructure. As such, it provides Hamas and other terrorist organizations with an incentive to continue operating out of hospitals and use civilians as human shields while turning the laws of war into weapons against those who respect them. This does not only disregard the intended purpose for which the special protection was granted to hospitals under the laws of war but undermines the primary aim of these laws - to protect civilians during war.
The discussions surrounding the entry of IDF forces into the Shifa hospital compound in Gaza exemplify the challenge that Israel faces in its war against Hamas, an enemy that blatantly violates the laws of war while using these very laws against the side that is committed to honoring them.
Hospitals are granted "special protection" under the laws of war as part of the protection given to medical teams and facilities against direct and targeted attacks due to their humanitarian role. This special protection may be removed if a party to the conflict makes use of medical assets outside of their humanitarian function and exploits them for combat purposes. This includes situations in which a hospital is used as a headquarters, a hiding place for fighters, a base for launching attacks, an observation post to transmit information of military value, or an ammunition repository – all uses attributed to Hamas in Shifa Hospital. As a result, Shifa lost its immunity and became a legitimate military target for attack.
To remove the special protection of a hospital, the laws of war require the attacking party to provide due warning to stop the misuse and a reasonable time for the warning to be heeded. Protection can cease only after this warning has remained unheeded. In addition, there is an obligation to take feasible precautions to minimize harm to civilians, including patients and medical staff. The attack must be proportionate; that is, the anticipated collateral damage to civilians should not be excessive relative to the expected military advantage.
In recent weeks, Israel has publicly warned against the misuse by Hamas of the Shifa hospital and enabled ample time to stop this misuse. Israel also warned various officials at the hospital about its intention to enter the area and called for its evacuation several times; authorities in Gaza confirmed receipt of the warnings. In addition, Israel provided medical equipment and other supplies, including incubators, baby food, oxygen, and fuel, as well as means to evacuate patients. To minimize harm to civilians, Israel avoided air strikes and instead conducted a ground incursion, even though it put its own forces at risk. Before entering the hospital, the IDF forces created a special axis for the evacuation of the hospital and called in Arabic for the surrender of Hamas. Currently, the military forces are carefully advancing certain areas of the hospital in order to avoid harm to the patients and the medical staff. Eliminating the Hamas command and control center at Shifa Hospital can yield a significant military advantage to Israel, and as such, it may justify harm to civilians under the principle of proportionality.
Despite adhering to international law, Israel has faced significant criticism in the international arena, including from UN officials and the international media. Unfortunately, the international community's response plays into the hands of Hamas, which seeks to create a humanitarian crisis in the Gaza Strip in order to put pressure on Israel to cease its attacks and thus limit Israel's ability to dismantle the Hamas military infrastructure. As such, it provides Hamas and other terrorist organizations with an incentive to continue operating out of hospitals and use civilians as human shields while turning the laws of war into weapons against those who respect them. This does not only disregard the intended purpose for which the special protection was granted to hospitals under the laws of war but undermines the primary aim of these laws - to protect civilians during war.