Shelling hits hospital in Gaza

The head of surgery at Gazas largest hospital described the situation as a death trap for thousands of war-wounded, medical staff and displaced civilians sheltering there.

The head of surgery at Gaza's largest and most advanced hospital held up his phone Saturday to the hammering of gunfire and artillery shelling. "Listen," said Dr. Marwan Abu Sada as fighting raged around Shifa Hospital. Close quarters combat between the Israeli military and Hamas militants sent shells hissing through the hospital courtyard and crashing into wards. Doctors tried to help patients even as they ran for cover.

Israel's Claims

Israel claims that Hamas locates military assets under hospitals and other sensitive sites like schools and mosques. Bloodshed serves Hamas agenda, it says, winning international attention and sympathy for the Palestinian cause. Israel has singled out Shifa, claiming Hamas operates its command headquarters beneath the hospital complex. The Israeli military has released an illustrated map of Shifa marked with claimed locations of the underground militant installations, without offering further evidence. Hamas, and Shifa Hospital Director Mohammed Abu Selmia, deny this.

Palestinian Perspective

Palestinians say that hospitals are being deliberately targeted by Israel as part of a wider strategy to punish the population and force a surrender. They point to the fact that hospitals have been hit repeatedly, even when there was no evidence of Hamas activity in the area. They also accuse Israel of using excessive force in its attacks, killing and wounding large numbers of civilians.

International Humanitarian Law

International humanitarian law lends hospitals special protections during war. But hospitals can lose their protections if combatants use them to hide fighters or store weapons. Nonetheless, there must be plenty of warning before attacks to allow for the safe evacuation of patients and medical workers. Even if Israel succeeds in proving Shifa conceals a Hamas command center, the tenets of international law remain in place.

The fighting around Shifa Hospital on Saturday raised an urgent question: When do medical facilities lose special protection under international humanitarian law? The claims and counterclaims over Gaza's hospitals have raised pressing questions about what is allowed under international laws governing war. The burden of proof is on the attacker to demonstrate that a hospital has lost its protected status, and the bar for evidence is very high. If there is any doubt, the attacker must assume that the hospital is protected. The international community must hold Israel accountable for its actions and ensure that hospitals and other civilian infrastructure are protected in accordance with international law.