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Israeli Military Closing in on Central Gaza City: Protection of Al-Shifa Hospital and International Law

The Israeli military is closing in on central Gaza City and its main Shifa Hospital, which Israel says hides a command center for Hamas fighters.

This raises questions about how Israel will interpret international laws regarding the protection of medical facilities and the thousands of displaced people who have taken refuge there.

Israel did not specify its potential plans for the hospital, but said its top priority was to dismantle the Hamas leadership infrastructure.

Israel says that members of the Corps of Engineers are using explosives to destroy tunnels in Hamas’ vast underground network.

Any Israeli attempt to take control of Al-Shifa Hospital, where a video obtained by Reuters this week showed medics rushing to treat wounded people flocking to the place, would threaten heavy civilian casualties and could spark international condemnation.

The deadly air strikes on refugee camps, a medical convoy and near hospitals have already sparked heated debate among some of Israel’s key allies in the West over its military’s compliance with international law.

Israel’s stated goal is to eliminate Hamas, which Israel says killed 1,400 people and kidnapped 240 others during its attack on October 7.

Health authorities in the Gaza Strip, which is run by Hamas, say that Israeli bombing has killed more than 10,800 Palestinians.

On Thursday, residents of Gaza City saw Israeli tanks about 1.2 kilometers from Al-Shifa Hospital, the largest medical facility in the Gaza Strip.

The Israeli army spokesman released photos, diagrams and audio recordings that he says show that Hamas is using Al-Shifa Hospital to hide command posts and entry points to the extensive tunnel network under the Strip.

“Hamas members are operating inside and below Al-Shifa Hospital and other hospitals in Gaza,” army spokesman Admiral Daniel Hagari said last month.

Hamas, health authorities, and Shifa Hospital administrators denied that the movement was hiding military infrastructure in or under the hospital complex, and said they would welcome an international inspection of the facility.

international law

Last week, Israel targeted an ambulance in front of the hospital entrance, saying it was carrying Hamas militants, and stated that it would present evidence of this, but has not provided anything yet.

Paramedics reported that the ambulance was trying to evacuate injured patients and that the explosion killed 15 people.

“We know that hospitals are protected buildings under international humanitarian law,” said Liz Throssell, spokeswoman for the UN High Commissioner for Human Rights.

She added that the situation is complicated by allegations that hospitals are also being used for military purposes, which would also violate international law.

She explained that medical units that are used in actions harmful to the enemy, and that ignore a warning to stop doing so, lose their special protection.

She added, “Regardless of the actions of one of the parties, for example the use of hospitals for military purposes, the other party must adhere to international humanitarian rules regarding the conduct of combat operations.”

ICC Prosecutor Karim Khan said in a statement on October 30 regarding attacks on protected sites such as hospitals that Israel must “demonstrate the proper application of the principles of distinction, precaution and proportionality.”

He added that although the protection provided by international law could be lost, “the burden of proving loss of protected status falls on those who launch the fire, missile or missile.”

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2023-11-10 04:40:53

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