Hamas Military Bases: Hospitals As Camouflage?

During the Gaza war, Israel and the United States claimed that Hamas, a Palestinian Islamic group, was using Al-Shifa Hospital in Gaza City as its main operations base. They alleged that Hamas had built an extensive underground complex, including a network of tunnels, beneath the hospital. While Hamas and hospital administrators denied these claims, the issue has sparked a debate about the alleged military use of hospitals by Hamas and the potential violation of international law. This paragraph introduces the topic and sets the context for further exploration of the allegations, evidence, and implications related to Hamas's alleged military activities in hospitals.

Israel claims Hamas uses Al-Shifa Hospital as a military base

Al-Shifa Hospital, located in Gaza City, Palestine, has been at the centre of a dispute between Israel and Hamas. Israel claims Hamas is using the hospital as a military base, an allegation that Hamas and hospital administrators have denied. During the Gaza war, Israel, along with the United States, asserted that Hamas was using Al-Shifa Hospital as its "main operations base," with an extensive underground complex serving as a command and control centre. They provided video evidence of Hamas tunnels under the hospital, but the validity of this evidence was questioned by multiple news agencies and human rights organisations, including Amnesty International.

Hamas officials, such as Izzat al-Risheq, refuted the allegations, stating that there was no truth to the claims and that Hamas had only used the hospital to provide medical care for captives. The Palestinian Health Ministry, run by the Palestinian Authority in the West Bank, accused Hamas members of taking control of wards in Shifa Hospital in 2009. However, during the 2014 Gaza War, journalists and authors described the hospital as the de facto headquarters of Hamas, documenting cases of Hamas forces using abandoned areas to abduct, torture, and kill Palestinians accused of collaborating with Israel.

The Israeli military's raid on Shifa Hospital in 2024 caused significant destruction and resulted in several casualties. The raid lasted two weeks, during which time Israeli forces searched for evidence of Hamas' presence. They discovered a tunnel entrance on the hospital's perimeter and released photos of items allegedly belonging to Hamas militants, including military uniforms, guns, and grenades. However, they did not present conclusive evidence of a large-scale headquarters under the hospital, and their actions were criticised as potential violations of international law.

The dispute over the alleged military use of Al-Shifa Hospital by Hamas has led to a stalemate, with Israel focusing its offensive on the hospital while hundreds of doctors and patients remain inside. The hospital's fate has become a focus of international concern, with calls for an independent investigation to verify the claims and ensure the protection of civilians.

Evidence of Hamas tunnels under Al-Shifa Hospital

Al-Shifa Hospital is a government-run hospital in Gaza City, Palestine. During the Gaza war, Israel, supported by the United States, accused Hamas of using the hospital as a command center for military operations. On November 15, 2023, Israeli forces raided the hospital, where thousands of Palestinians were taking shelter.

Israel released video evidence on November 22, 2023, of Hamas tunnels under the hospital. However, multiple news agencies, including Amnesty International, concluded that the evidence did not prove that Hamas used the tunnels as a command center. They questioned the credibility of the evidence, such as claiming an Arabic calendar was a Hamas shift schedule and displaying curtains as evidence of hostage videos being filmed.

The New York Times, in February 2024, confirmed the existence of tunnels and cited classified Israeli intelligence suggesting Hamas used the hospital for cover, weapons storage, and had bunkers, living areas, and computer and communications rooms. The tunnel was also found to be supplied with water, power, and air-conditioning. The Washington Post, after analyzing Israeli evidence, satellite imagery, and other materials, concluded that it did not show Hamas using the hospital as a command center.

US intelligence has repeatedly concurred with Israel's assessment, stating that Hamas used the hospital complex and sites beneath it for command activities, weapons storage, and holding hostages. However, they did not publicly present evidence to support these claims. Journalists on the ground questioned the validity of the evidence, noting the lack of independent scrutiny and suggesting that Israel rearranged weaponry before allowing the press into the hospital.

Hamas' use of hospitals as shields during war

During the 2014 Gaza War, Hamas was accused of using human shields and locating rockets within schools and hospitals, or launching rockets from densely populated areas. The UN High Commissioner for Human Rights Navi Pillay accused Hamas militants of violating international humanitarian law. However, Hamas denied the allegations, stating that the high population density in Gaza resulted in their operations being close to civilian areas.

In 2023, Hamas was accused of using Al-Shifa Hospital, the largest hospital in Gaza City, as a human shield. Israel and the United States stated that Hamas used tunnels beneath the hospital as its "main operations base". However, Hamas denied these claims, stating that they had no basis in truth. The media's perception was mixed, with some concluding that a network of tunnels existed but that the evidence was insufficient to prove they were used as a command and control center.

International law prohibits the targeting of hospitals unless there is evidence of military use that is "harmful to the enemy" and the use of human shields, both of which constitute war crimes. While there have been accusations and some evidence of Hamas using hospitals as shields, definitive proof has yet to be presented, and the matter remains controversial.

Israel has been accused of waging a propaganda war and violating international law in its actions at Al-Shifa Hospital. Medical staff at Al-Shifa have accused Israel of causing civilian deaths, including prematurely born babies. The head of the World Health Organization called the November raid on the hospital "totally unacceptable".

The use of human shields and the destruction of civilian targets by both sides in the Israel-Gaza conflict has led to widespread condemnation and calls for independent investigations.

Al-Wafa Hospital in Gaza City turned into a Hamas command centre

During the conflict between Israel and Hamas, hospitals have been a major point of concern. International law prohibits the targeting of hospitals unless there is evidence of military use that is "harmful to the enemy" or the use of human shields, both of which constitute war crimes.

Al-Wafa Hospital in Gaza City is one such hospital that has been at the centre of allegations of military use by Hamas. The Israel Defense Forces (IDF) claimed that the hospital was being used as a Hamas command centre and repeatedly abused by Islamist gunmen to launch attacks on Israeli forces. The IDF issued warnings to hospital authorities, told civilians to vacate, and presented video evidence of gunfire from the premises and a Hamas tunnel opening adjacent to the hospital.

Hamas denied these allegations, stating that there was no truth to the claims and that Israel was waging a propaganda war to detract from its own violations of international law. Media and human rights organizations, such as Amnesty International, found that while a network of tunnels existed, the evidence was insufficient to prove that they were used as a command centre or that access points existed within hospital wards.

The dispute over the military use of hospitals by Hamas has been ongoing, with other hospitals in Gaza, such as Al-Shifa Hospital, also facing similar accusations. The Al-Wafa Hospital incident highlights the complexities of the conflict, where the protection of civilian infrastructure, such as hospitals, is crucial, but the presence of military activities within these areas complicates the situation.

The use of hospitals as command centres and for military purposes by Hamas remains a contentious issue, with both sides presenting evidence to support their claims. The protection of hospitals and civilian safety are paramount, and independent investigations are often called for to verify the allegations and ensure accountability for any violations of international law.

International law prohibits targeting hospitals

During the Gaza war, Israel and the United States claimed that Hamas used Al-Shifa Hospital, a government-run hospital in Gaza City, Palestine, as its "main operations base". Hamas and hospital administrators denied these claims. While US intelligence supported Israel's assessment, journalists and media houses found the evidence insufficient to prove that tunnels under the hospital were a command and control centre.

International humanitarian law (IHL) prohibits targeting hospitals. This protection extends to the wounded and sick, medical staff, and means of transport. The wounded and sick include anyone, military or civilian, who needs medical attention and is not taking part in hostilities. They have the right to be respected, protected, searched for, collected, and cared for without distinction based on grounds other than medical ones.

IHL sets a range of minimum standards for the conduct of hostilities, based on the fundamental principle of distinction between civilians and other protected persons, and those who take part in hostilities. Even legitimate military targets must follow the principles of proportionality and precaution in attack. The principle of proportionality prohibits attacks that would cause incidental loss of civilian life, injury to civilians, or damage to civilian objects, which would be excessive in relation to the concrete and direct military advantage anticipated. The principle of precaution in attack states that constant care must be taken to spare the civilian population, civilians, and civilian objects. All feasible precautions must be taken to avoid and minimize incidental loss of civilian life, injury to civilians, and damage to civilian objects.

In the context of the alleged military use of Al-Shifa Hospital, international law prohibits the targeting of hospitals unless there is evidence of military use that is "harmful to the enemy". Medical establishments enjoy protection because of their function of providing care for the wounded and sick. When they are used to interfere directly or indirectly in military operations and harm the enemy, they lose their protection. For example, using a hospital as a base to launch an attack, an observation post, a weapons depot, or a shelter for combatants no longer taking part in hostilities would result in a loss of protection.

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