United In Grief: Strike on Al-Ahli Arab Hospital

20-06-2023

İrem Çakmak

Middle East and Human Rights Researcher

Global Human Rights Defence

On October 17, nearly 500 Palestinians, mostly children and women, were killed by a strike on Gaza's al-Ahli Arab Hospital, where thousands of displaced people found shelter during Israel’s most recent attacks. [1] The bombardment was attributed to Israeli forces, which was in response to an assault from Hamas who entered Gaza, which led to killing at least 3,000 people and hampering humanitarian aid in Gaza. [2] According to its own statements, Israel launched 6,000 bombs in less than a week during the retaliation, more than what the United States deployed in Afghanistan over a year. [3]

The Israeli army denied the allegations and claimed that a misfired missile launched by the Palestinian Islamic Jihad group struck the hospital. [4] However, a social media post of the assistant social media consultant of the Israeli prime minister on X, formerly known as Twitter, intensified the suspicions regarding the perpetrator of the attack. Shortly after the attack, Hananya Naftali stated that ‘Israeli Air Force struck Hamas terrorist base inside a hospital in Gaza’ which was later deleted [5] and replaced with an apology for spreading misinformation. [6] Although Israel tried to back its claims up by publishing more government officials’ statements and posting images and video footage on social media, the international community’s scepticism continues because of the previous policies of Israel, in which it first denies any role in such atrocities but when proven wrong by independent reports, admits responsibility, such as in the death of journalist Shireen Abu Akleh. [7]

Although the international community was united in condemning the attack, different opinions on the perpetrator were raised. The Syrian Presidency put responsibility for the conflict in Palestine on Western countries. [8] Meanwhile, the European Union criticised Hamas’ operations and called for an independent investigation, emphasising the need for humanitarian assistance in Gaza. [9] Egypt and Jordan, the key mediators between Israeli and Palestinian officials since the 1990s, met to examine ways to end violence in Gaza. [10] On the other hand, while Joe Biden expressed his condolences in a statement on the attack, [11] the following day, the United States vetoed a UN Security Council resolution for “humanitarian pauses” to deliver lifesaving aid to Gaza. [12]

Furthermore, numerous international organisations touched upon the international responsibility aspect of the attack in their statements. The UN Chief urged a ceasefire in the area to allow humanitarian aid into the Gaza Strip and stressed that “hospitals and all medical personnel are protected under international law.” [13] Moreover, in its statement, the World Health Organisation emphasised that “health care must be actively protected and never targeted”. [14] 

Indeed, international law instruments provide special protection to hospitals and medical personnel during armed conflicts. For instance, Geneva Convention IV relates to protecting civilians during armed conflict and explicitly prohibits attacks on civilian hospitals and other medical facilities. [16] Article 19 addresses the situations in which the protection of hospitals will cease. It emphasises that legal protection will end when a due warning is given and remains unanswered after a reasonable time limit. Additional Protocols I and II of 1977 further expand on the protections afforded to hospitals, patients, and medical personnel during armed conflicts by specific provisions on the protection of medical units and transportation. [17] Moreover, according to article 27 of the Hague Convention Respecting the Laws and Customs of War on Land “In sieges and bombardments, all necessary steps must be taken to spare, as far as possible, (...) hospitals, and places where the sick and wounded are collected, provided they are not being used at the time for military purposes.” Likewise, the Rome Statute of the International Criminal Court, Article 8 (b) also prohibits targeting hospitals during armed conflicts unless they are used for military objectives. Additionally, there are various UN Security Council Resolutions addressing the protection of medical facilities during armed conflicts, condemning attacks on medical personnel, hospitals, and other medical facilities. [18] 

It is essential to highlight that Israel ratified Geneva Convention IV [19] and is legally bound by UN Security Council Resolutions. Although Israel did not take responsibility for the attacks on the al-Ahli Arab Hospital, it has long established a pattern of accepting the wrongful act only after a period of denial and spreading misinformation. Therefore, there is a possibility that the international liability of Israel may be invoked for the hospital attack in addition to other violations of international humanitarian law in Gaza. Furthermore, these international instruments oblige all member states to spare the civilian population and objects during armed conflicts. Therefore, States that condemn the attack also must put effort into supporting civilians affected by the conflict. 

Sources and further reading

[1] The Guardian, ‘Al-Ahli Arab hospital: piecing together what happened as Israel insists militant rocket to blame’ (October 18, 2023) <Al-Ahli Arab hospital: piecing together what happened as Israel insists militant rocket to blame> accessed 19 October 2023.

[2] CNN, ‘Hundreds likely dead in Gaza hospital blast, as Israeli blockade cripples medical response’ (October 18, 2023) <Hundreds likely dead in Gaza hospital blast, as Israeli blockade cripples medical response> accessed 19 October 2023.

[3] The Guardian, ‘Al-Ahli Arab hospital: piecing together what happened as Israel insists militant rocket to blame’ (October 18, 2023) <Al-Ahli Arab hospital: piecing together what happened as Israel insists militant rocket to blame> accessed 19 October 2023.

[4] Israel Army, @Israel on X ‘Breaking: IDF Spokesperson From the analysis of the operational systems of the IDF, an enemy rocket barrage was carried out towards Israel, which passed through the vicinity of the hospital when it was hit. According to intelligence information, from several sources we have, the Islamic Jihad terrorist organization is responsible for the failed shooting that hit the hospital.’ (October 17, 2023), accessed 19 October 2023.

[5] AlJazeera, ‘What is Israel’s narrative on the Gaza hospital explosion?’ (October 18, 2023) <What is Israel’s narrative on the Gaza hospital explosion?> accessed 19 October 2023.

[6] Hananya Naftali, @HananyaNaftali on X, (October 18, 2023), ‘Earlier today I shared a report that was published on @reuters about the bombing at the hospital in Gaza which falsely stated Israel struck the hospital. I mistakenly shared this information in a since deleted post in which I referenced Hamas’ routine use of hospitals to store weapons caches and conduct terrorist activity. I apologize for this error. As the IDF does not bomb hospitals, I assumed Israel was targeting one of the Hamas bases in Gaza. It is known that Hamas is using civilians as human shields, it is a war crime and a crime against humanity. This should be the focus.’ accessed 19 October 2023.

[7] AlJazeera, ‘What is Israel’s narrative on the Gaza hospital explosion?’ (October 18, 2023) <What is Israel’s narrative on the Gaza hospital explosion?> accessed 19 October 2023.

[8] Dhaka Tribune, ‘Reactions to strike on Gaza hospital killing hundreds’ (October 18, 2023) <Reactions to strike on Gaza hospital killing hundreds> accessed 19 October 2023.

[9] European Parliament, ‘MEPs condemn Hamas attack on Israel and call for a humanitarian pause’(October 19, 2023) <MEPs condemn Hamas attack on Israel and call for a humanitarian pause> accessed 19 October 2023.

[10] AlArabiya News ‘Egypt’s al-Sisi, Jordan’s king condemn ‘collective punishment’ in Gaza’ (October 19, 2023) <Egypt’s al-Sisi, Jordan’s king condemn ‘collective punishment’ in Gaza> accessed 19 October 2023.

[11] Joe Biden, ‘Statement from President Joe Biden on the Hospital Explosion in Gaza’ (October 17, 2023) <Statement from President Joe Biden on the Hospital Explosion in Gaza>  accessed 19 October 2023.

[12] United Nations, ‘Israel-Gaza crisis: US vetoes Security Council resolution’ (October 18, 2023) <Israel-Gaza crisis: US vetoes Security Council resolution> accessed 19 October 2023.

[13] United Nations, ‘Israel-Gaza: UN chief urges ceasefire; humanitarian supplies given green light to enter enclave’ (October 18, 2023) <Israel-Gaza: UN chief urges ceasefire; humanitarian supplies given green light to enter enclave> accessed 19 October 2023.

[14] WHO, ‘WHO statement on attack on Al Ahli Arab Hospital and reported large-scale casualties’ (October 17, 2023) <WHO statement on attack on Al Ahli Arab Hospital and reported large-scale casualties> accessed 19 October 2023.

[15] Geneva Convention IV, Art 18 <IHL Treaties - Geneva Convention (IV) on Civilians, 1949>   accessed 20 October 2023.

[16] Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of Non-International Armed Conflicts (Protocol I) <https://ihl-databases.icrc.org/en/ihl-treaties/api-1977 > accessed 20 October 2023. 

Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II) <Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II) | OHCHR > accessed 20 October 2023. 

[17] See e.g.: UN Security Council Resolution 2286 (2016); UN Security Council Resolution 2288 (2016); UN Security Council Resolution 2139 (2014).

[19] “Convention (IV) relative to the Protection of Civilian Persons in Time of War. Geneva, 12 August 1949.” International Committee of the Red Cross, <Convention (IV) relative to the Protection of Civilian Persons in Time of War. Geneva, 12 August 1949.> accessed 20 October 2023.