Evaluating the Al Shifa Hospital Incident: IDF Claims, Hamas Responses, and International Humanitarian Law

The Israeli Defence Forces (IDF) have recently released video footage purportedly showing Hamas military equipment within the Al Shifa Hospital in Gaza. This claim has been met with scepticism by pro-Hamas factions, denouncing it as propaganda.

Dave Harden, former USAID West Bank/Gaza Mission Director and founder of the Georgetown Strategy Group, shared his observations of Hamas using Al Shifa Hospital as a base. Harden, based on his experiences and network insights from both Palestinians and Israelis, suspects that Hamas had previously used the hospital as a command center for operational purposes as early as 2014. He also noted the alleged use of ambulances for transporting Hamas personnel and instances of Hamas firing at civilians. However, he emphasized the absence of direct evidence in the current context, urging reliance on the International Committee of the Red Cross (ICRC) for a neutral perspective.

From an International Humanitarian Law (IHL) perspective the key points to bear in mind are:

• Medical facilities, including hospitals, are generally protected from attack under IHL.
• This protection can be forfeited if a facility is used to commit acts harmful to the enemy, though there is no precise definition of such acts under IHL.
• Examples of harmful acts include using a hospital as a base for attacks, as an observation post, weapons depot, or shelter for combatants.
• The obligation of the attacking party includes issuing a warning with a reasonable time limit before attacking a medical facility that has lost its protection.
• Even after a warning, humanitarian considerations must prevail, especially concerning the welfare of the wounded and sick.

The IDF is reportedly conducting significant operations at the Al-Shifa Medical Complex, potentially seeking to uncover a Hamas command-and-control center and underground tunnels. The situation at Al Shifa Hospital presents a complex interplay between military strategy and humanitarian law. The allegations against Hamas and the IDF's subsequent actions must be weighed carefully against the backdrop of IHL principles, emphasizing the protection of non-combatants and medical facilities in conflict zones.