Human Rights Watch (HRW) recently released a report alleging that Israel is conducting repeated, illegal attacks on healthcare facilities, personnel, and transport in Gaza. The report goes further, stating these attacks warrant investigation as potential war crimes.
Not only is HRW alarmed by these attacks, but the organization has expressed disquiet about Israel’s decision to cut off access to electricity, water, and humanitarian aid, saying that such actions are further crippling Gaza’s healthcare system. HRW’s report calls on both the Independent International Commission of Inquiry on the Occupied Palestinian Territory and the International Criminal Court (ICC) to pursue formal investigations.
HRW based its report on the investigation that they carried out between October 7 and November 7. During this period, they examined attacks on, or in proximity to, five healthcare facilities: the Indonesian Hospital, al-Ahli Hospital, International Eye Care Center, Turkish-Palestinian Friendship Hospital, and al-Quds Hospital. The investigation was conducted through discussions with displaced people at hospitals, healthcare workers, and analyzing verified open-source data such as social media, satellite images, and World Health Organization (WHO) databases. One specific incident highlighted in the report was an Israeli strike on an ambulance near the Al-Shifa Hospital, which led to the death of 15 people.
As further detailed in the report, these particular attacks have not been isolated instances. The Israeli military has attacked medical facilities and their surroundings across the Gaza Strip on multiple occasions. This, along with Israel’s broader siege of the territory, create grave effects on Gaza’s healthcare system, including restrictions on humanitarian aid, water, and fuel. The UN Office for the Coordination of Humanitarian Affairs (OCHA) and WHO have previously indicated that Gaza’s hospitals are on the cusp of collapse, due largely to the shortage of electricity, medicine, equipment, and specialized personnel.
The international humanitarian law provides protection to healthcare facilities and workers during times of military activity. This rule effectively prevents attacks on medical facilities, health workers, those injured, and health-related transport. These protections can be forfeited if facilities are used to commit an act harmful to the enemy, although international law currently does not provide a precise definition of such an act.
It is important to note that Israel maintains that Hamas uses Gaza’s hospitals for operations and civilian patients as human shields. This week, Israel raided Al-Shifa Hospital, the largest hospital in Gaza, asserting that Hamas uses it as a military command center, a claim that Hamas has denied.
The report was released amidst the ongoing war between Israel and Hamas, which has persisted for over 40 days. The conflict began when Hamas initiated attacks into Israel on October 7. More than 11,000 Palestinians and 1,200 Israelis have consequently been killed, with most victims being civilians. As a result, Israel has been accused of several war crimes, with Palestinian rights groups lodging an ICC complaint alleging genocide. Hamas is likewise confronted with its own accusations of war crimes, with the families of victims from the October 7 attack submitting an ICC complaint as well.
UN Secretary-General António Guterres has called for a humanitarian ceasefire to prevent further atrocities, stating, “The way forward is clear. A humanitarian ceasefire. Now. All parties respecting all their obligations under international humanitarian law. Now. This means the unconditional release of the hostages in Gaza. Now. The protection of civilians, hospitals, UN facilities, shelters, and schools. Now.”