Hamas' Exploitation of Gaza Hospitals Undermines Civilian Protections

Recent scrutiny has surrounded Kamal Adwan Hospital in northern Gaza, reportedly one of the few remaining operational hospitals in the area. The debate highlights the complex intersection of international humanitarian law and the realities of modern warfare, particularly in the context of the ongoing conflict between Hamas and Israel.  

International Humanitarian Law grants hospitals special protections during wartime. Article 8(2) of the Rome Statute explicitly prohibits “intentionally directing attacks against” hospitals unless they are used for military purposes. Similarly, Article 11 of the Second Protocol to the Geneva Conventions mandates the protection of medical units “at all times,” but this protection is forfeited if these facilities are “used to commit hostile acts.” Israel has consistently recognized and adhered to these principles, even as Hamas flagrantly violates them.

Hamas has long been criticized for embedding its operations within civilian infrastructure, including hospitals. The group’s strategy involves using hospitals as command centers, weapons caches, and bases for combatants, thereby endangering the lives of civilians and medical staff. Kamal Adwan Hospital exemplifies this pattern. According to Israeli reports, the facility has been turned into a military staging ground. Over 240 Hamas operatives, including individuals disguised as patients, have been apprehended there. Weapons, including firearms and explosives, were also discovered. Among those detained were senior figures, such as the hospital’s director, Hussam Abu Safiya, suspected of being a Hamas leader, and 15 individuals linked to the October 7 Massacre.  

Under these conditions, the hospital ceased to qualify for its protected status under international law and became a legitimate target for military operations. Despite this, Israel has upheld its obligation to follow the principles of distinction, proportionality, and precaution.  

Israel’s objectives remain twofold: dismantling Hamas' military capabilities and rescuing the remaining hostages held by the group. In its operation at Kamal Adwan Hospital, Israel relied on precise intelligence and undertook extensive precautions to minimize civilian harm. Notably, 450 patients, caregivers, and medical staff were evacuated before the operation. Medical supplies, food, and fuel were delivered to ensure the hospital’s continued essential functioning. The absence of significant civilian casualties further underscores Israel’s efforts to mitigate harm.  

Nevertheless, international bodies, including the World Health Organization (WHO), have voiced concerns about the state of Gaza’s healthcare system. Following the operation, the WHO stated that “The systematic dismantling of the health system in Gaza is a death sentence for tens of thousands of Palestinians in need of health care.” However, the organization has yet to condemn Hamas for its systematic use of hospitals for military purposes.  

The global community must hold Hamas accountable for jeopardizing civilian lives and dismantling Gaza’s healthcare infrastructure. While Israel continues to supply aid and support to remaining hospitals, including field facilities, Hamas exploits these resources for its military agenda, perpetuating civilian suffering. Outrage over the humanitarian crisis in Gaza should be directed at Hamas, whose illegal and unconscionable tactics turn protected spaces into theaters of war. Only by addressing these violations can the safety and dignity of civilians in Gaza be safeguarded.  

Based on a report by The Hill 2024-01-13