Why Israel is attacking Gaza’s al-Shifa hospital

Why Israel is attacking Gaza’s al-Shifa hospital

Subject :IR

Section :International organisation

Context: The Gaza Strip’s largest and most advanced hospital, al-Shifa, is no longer functioning due to loss of power and water supply,

Why is al-Shifa hospital important:

• Al-Shifa used to be the cornerstone of Gaza’s healthcare system before the Israel-Hamas war broke out.
• It is located in Gaza City, in the north of the tiny Palestinian enclave,
• The hospital comprises a group of six-storey buildings and  had between 600 and 900 beds and thousands of staff, and provided a range of services that almost no other hospital in Gaza offered.
• Since the start of the war, al-Shifa has also been serving as a shelter for those displaced by the fighting and incessant Israeli bombing.

Why is al-Shifa in the crosshairs:

• Israel’s forces have surrounded al-Shifa hospital, alleging it sits above an underground Hamas headquarters, using patients and staff as human shields.
• Hamas and Gaza’s health ministry deny these claims, dismissing them as baseless.

What does international humanitarian law say:

• Under international humanitarian law, hospitals receive special protections during war, but these protections may be lost if combatants use the premises for military purposes.
• In such cases, warnings must be given before attacks to allow the safe evacuation of patients and medical workers, according to the ICRC.
•  Even if Israel proves al-Shifa is used by Hamas, the principles of international law require steps to protect the innocent before any attack is authorized.

What are the laws of war:

• Two fundamental aspects of international law govern conflicts.
  • Jus ad Bellum: This aspect of international law addresses the conditions and justifications for countries to use force in their international relations. It is regulated by the United Nations (UN) Charter.
  • Jus in Bello: Jus in bello concerns the rules that dictate how a war is to be fought, specifying what military actions are permissible. Even if a country is justified under the UN Charter to use force, it must adhere to these rules.
• This law of war, known as international humanitarian law (IHL), outlined in customary international law, the 1949 Geneva Conventions, and the 1977 Additional Protocols, prescribes rules to protect civilians and minimize suffering during armed conflicts. Regardless of the justness of their cause, warring parties must abide by IHL.

What are the Geneva Conventions (1949):

• The Geneva Conventions, established in 1949 along with their Additional Protocols, represent crucial international agreements that set forth fundamental regulations to mitigate the cruelty of armed conflict.
• These conventions provide safeguards for non-combatants i.e. civilians, medical personnel, humanitarian workers and individuals who are no longer able to participate in combat i.e. injured, sick, and shipwrecked military personnel, as well as prisoners of war.
• The First Geneva Convention protects wounded and sick soldiers on land during war.
• The Second Geneva Convention protects wounded, sick and shipwrecked military personnel at sea during war.
• The Third Geneva Convention applies to prisoners of war, including a wide range of general protections such as humane treatment, maintenance and equality across prisoners, conditions of captivity, questioning and evacuation of prisoners, transit camps, food, clothing, medicines, hygiene and right to religious, intellectual, and physical activities of prisoners.
• The Fourth Geneva Convention protects civilians, including those in occupied territory. The other Geneva Conventions were concerned mainly with combatants rather than civilians.
• Two Protocols of 1977: Additional to the four 1949 Geneva Conventions were adopted in 1977. They strengthen the protection of victims of international (Protocol I) and non-international (Protocol II) armed conflicts and place limits on the way wars are fought.
• In 2005, a third Additional Protocol was adopted creating an additional emblem, the Red Crystal, which has the same international status as the Red Cross and Red Crescent emblems.