HEALTHCARE & INT. LAW
Examples:
GENEVA CONVENTION IV
Article 19 - Wounded and sick IV. Discontinuance of protection of hospitals The protection to which civilian hospitals are entitled shall not cease unless they are used to commit, outside their humanitarian duties, acts harmful to the enemy.
IHL
Article 19 - Protection of medical units and establishments Fixed establishments and mobile medical units of the Medical Service may in no circumstances be attacked, but shall at all times be respected and protected by the Parties to the conflict.
Rule 25. Medical personnel exclusively assigned to medical duties must be respected and protected in all circumstances. They lose their protection if they commit, outside their humanitarian function, acts harmful to the enemy
Rule 28. Medical units exclusively assigned to medical purposes must be respected and protected in all circumstances. They lose their protection if they are being used, outside their humanitarian function, to commit acts harmful to the enemy.
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THE REALITY IN GAZA
On October 10, 2024, United Nations investigators have accused Israel of deliberately targeting Gaza’s health facilities and killing medical personnel during its war on the besieged enclave.
A statement by ex-UN High Commissioner for Human Rights Navi Pillay released in advance of a full report accused Israel of “committing war crimes and the crime against humanity of extermination with relentless and deliberate attacks on medical personnel and facilities” in its assault on Gaza.
The Israeli government has routinely said that its attacks on hospitals and schools in Gaza are to target members of Hamas and other Palestinian armed groups. Hamas has denied it uses the locations as command centers.
The UN inquiry’s statement also accused Israeli forces of deliberately killing and torturing medical personnel, targeting medical vehicles and restricting patients from leaving Gaza.
The Commission of Inquiry has a broad mandate to collect evidence and identify suspected perpetrators of international crimes committed in Israel and the occupied Palestinian territory. It bases its findings on a range of sources including interviews with victims and witnesses, submissions and satellite imagery.
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