A cover image of the New York Post (11/16/23) depicted a supposedly shocking find. The headline “Guns Behind the MRI Machine” accompanied a photo of what Israeli troops had allegedly uncovered: Hamas guns at Al Shifa Hospital in Gaza.
On the Post cover were fewer than a dozen AK-47s and matching magazines, as well as a few tactical vests. In its subhead, the Post called this “proof Hamas used hospital as military base in stunning war crime.”
Many other media outlets reported Israel’s claims—and accompanying photos and videos the IDF offered as evidence—with little pushback other than Hamas’s denials and an acknowledgment that the outlet could not independently verify the claims. “IDF ‘Found Clear Evidence’ of Hamas Operation out of Al-Shifa Hospital, Says Spokesperson,” was an NBC News headline (11/15/23); Fox News (11/15/23) had “Watch: Israel Finds Weapons, Military Equipment Used by Hamas in Key Gaza Hospital After Raid, IDF Says.”
Israel’s assault on Al Shifa hospital provoked widespread international outrage, so a great deal hinged on its claim that the hospital was being used as a military base. But there are many reasons to question this display of weaponry, questions that imply that not only did the Israeli military make a weak case, but that some media outlets and pundits were too quick to take this presentation at face value.
The laws of war
While civilian infrastructure, and in particular medical infrastructure, are protected under the laws of war, the Israeli government claimed that the hospital’s protection was nullified because Hamas was using it as a military base, using the medical staff and patients as human shields.
The IDF released a 3D animation (YouTube, 10/27/23) depicting Al Shifa as “the main headquarters for Hamas’ terrorist activity,” with a warren of underground chambers hiding crates of weapons, missiles, barrels and meeting rooms bedecked with Islamic flags.
The US government supported this line of thinking (ABC News, 11/16/23). The Wall Street Journal editorial board (11/14/23) spelled out the argument:
The law of war in this case is clear: Under the Fourth Geneva Convention, Hamas’s use of Al Shifa for military purposes vitiates the protected status granted to hospitals. Israel is still required to give warning and use means proportionate to the anticipated military advantage, and it has.
But the law of war is not, in fact, clear in the way the Journal claims. “Even if there is a military facility operating under the hospital, this does not allow Israel to bomb the site,” the Israeli human rights group B’Tselem (11/7/23) said in a statement before the hospital raid.
Even if a hospital were used for “acts harmful to the enemy,” that does not give that enemy “the right to bombard it for two days and completely destroy it,” Mathilde Philip-Gay, an expert in international humanitarian law at France’s Lyon 3 University, told the Guardian (11/17/23).
“Even if the building loses its special protection, all the people inside retain theirs,” Rutgers Law School international law expert Adil Haque told the Washington Post (11/15/23). “Anything that the attacking force can do to allow the humanitarian functions of that hospital to continue, they’re obligated to do.” The director of the hospital, Mohammad Abu Salmiya, said that 179 patients died while the facility was surrounded by Israeli forces and had to be buried in a mass grave (Al Jazeera, 11/14/23). (Abu Salmiya was later arrested by Israeli forces along with other Palestinian medical personnel—Al Jazeera, 11/11/23.)
After the raid, viewing the evidence, Human Rights Watch was not at all persuaded. “Hospitals have special protections under international humanitarian law,” said Human Rights Watch UN director Louis Charbonneau (Reuters, 11/16/23):
Doctors, nurses, ambulances and other hospital staff must be permitted to do their work and patients must be protected. Hospitals only lose those protections if it can be shown that harmful acts have been carried out from the premises. The Israeli government hasn’t provided any evidence of that.
DECEMBER 1, 2023
Press Relayed Israeli Claims of Secret Hospital Base With Insufficient Skepticism
A cover image of the New York Post (11/16/23) depicted a supposedly shocking find. The headline “Guns Behind the MRI Machine” accompanied a photo of what Israeli troops had allegedly uncovered: Hamas guns at Al Shifa Hospital in Gaza.
On the Post cover were fewer than a dozen AK-47s and matching magazines, as well as a few tactical vests. In its subhead, the Post called this “proof Hamas used hospital as military base in stunning war crime.”
Many other media outlets reported Israel’s claims—and accompanying photos and videos the IDF offered as evidence—with little pushback other than Hamas’s denials and an acknowledgment that the outlet could not independently verify the claims. “IDF ‘Found Clear Evidence’ of Hamas Operation out of Al-Shifa Hospital, Says Spokesperson,” was an NBC News headline (11/15/23); Fox News (11/15/23) had “Watch: Israel Finds Weapons, Military Equipment Used by Hamas in Key Gaza Hospital After Raid, IDF Says.”
Israel’s assault on Al Shifa hospital provoked widespread international outrage, so a great deal hinged on its claim that the hospital was being used as a military base. But there are many reasons to question this display of weaponry, questions that imply that not only did the Israeli military make a weak case, but that some media outlets and pundits were too quick to take this presentation at face value.
The laws of war
Israeli computer animation (YouTube, 10/27/23) depicting what was claimed to be “the main headquarters for Hamas’ terrorist activity” beneath Al Shifa Hospital.
While civilian infrastructure, and in particular medical infrastructure, are protected under the laws of war, the Israeli government claimed that the hospital’s protection was nullified because Hamas was using it as a military base, using the medical staff and patients as human shields.
The IDF released a 3D animation (YouTube, 10/27/23) depicting Al Shifa as “the main headquarters for Hamas’ terrorist activity,” with a warren of underground chambers hiding crates of weapons, missiles, barrels and meeting rooms bedecked with Islamic flags.
The US government supported this line of thinking (ABC News, 11/16/23). The Wall Street Journal editorial board (11/14/23) spelled out the argument:
The law of war in this case is clear: Under the Fourth Geneva Convention, Hamas’s use of Al Shifa for military purposes vitiates the protected status granted to hospitals. Israel is still required to give warning and use means proportionate to the anticipated military advantage, and it has.
But the law of war is not, in fact, clear in the way the Journal claims. “Even if there is a military facility operating under the hospital, this does not allow Israel to bomb the site,” the Israeli human rights group B’Tselem (11/7/23) said in a statement before the hospital raid.
Even if a hospital were used for “acts harmful to the enemy,” that does not give that enemy “the right to bombard it for two days and completely destroy it,” Mathilde Philip-Gay, an expert in international humanitarian law at France’s Lyon 3 University, told the Guardian (11/17/23).
“Even if the building loses its special protection, all the people inside retain theirs,” Rutgers Law School international law expert Adil Haque told the Washington Post (11/15/23). “Anything that the attacking force can do to allow the humanitarian functions of that hospital to continue, they’re obligated to do.” The director of the hospital, Mohammad Abu Salmiya, said that 179 patients died while the facility was surrounded by Israeli forces and had to be buried in a mass grave (Al Jazeera, 11/14/23). (Abu Salmiya was later arrested by Israeli forces along with other Palestinian medical personnel—Al Jazeera, 11/11/23.)
After the raid, viewing the evidence, Human Rights Watch was not at all persuaded. “Hospitals have special protections under international humanitarian law,” said Human Rights Watch UN director Louis Charbonneau (Reuters, 11/16/23):
Doctors, nurses, ambulances and other hospital staff must be permitted to do their work and patients must be protected. Hospitals only lose those protections if it can be shown that harmful acts have been carried out from the premises. The Israeli government hasn’t provided any evidence of that.
nuclear-news 
Leave a comment