Israel’s airforce has conducted a strike on the United Nations Relief and Works Agency for Palestine Refugees’s (UNRWA) Abu Oraiban School building in the Nuseirat refugee camp on Sunday, resulting in the deaths of at least 17 individuals, as reported by Al Jazeera. The incident has sparked significant legal and humanitarian concerns, particularly around the intentional targeting of hospitals and humanitarian organizations, which is regarded as a war crime under Article 8 of the Rome Statute of the International Criminal Court, and contravenes international laws on targeting civilians.
Article 8 stipulates that while attacks on hospitals may be permissible under very limited circumstances, provided they meet the criteria of a legitimate military objective, these exceptions do not apply to humanitarian personnel and institutions. The definition of a military objective includes any object contributing effectively to military action, whose destruction offers a definitive military advantage. However, such an exception is rarely applicable to facilities explicitly engaged in humanitarian work.
In defense of its actions, Israel has stated that the attack targeted “terrorists who were operating in the area of the building” and mentioned that numerous measures were taken to reduce civilian casualties, including the use of precise munitions and additional intelligence. Israel has further accused Hamas of exploiting civilian structures and populations as human shields, a practice prohibited under international law. Detailed statements from Israeli authorities can be found here.
The Israeli Defence Force (IDF)’s conduct during the ongoing conflict with Hamas has faced criticism for its perceived lack of proportionality and military necessity. The UN Commission’s recent report, published in June, has accused both Israel and Hamas of potential war crimes, a sentiment echoed in an ongoing genocide case against Israel in the International Court of Justice. Further commentary on this and related issues can be found in JURIST.
The unfolding events raise pressing questions about the conduct of modern warfare, the protection of non-combatants, and adherence to established legal standards governing armed conflict. Legal professionals and international observers continue to monitor the situation closely.