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According to the army, Israeli soldiers have found numerous weapons in the basement of a hospital in Gaza City. There are also signs that hostages may have been held in the basement of Rantisi hospital, Israeli army spokesman Daniel Hagari said on Monday evening. The terrorist organization Hamas denies this accusation – and condemns the heavy fighting around the hospital. Both sides accuse each other of war crimes.
Christoph Safferling (52) is a German professor of criminal law, criminal procedure, international criminal law and international law at the Friedrich-Alexander University Erlangen-Nuremberg. In an interview with Blick, he explains why it would be premature to accuse Israel of violating international law today.
Blick: Hospitals have a special status under international law. Why then are Gaza’s hospitals allowed to be under siege?
Christoph Safferling: Hospitals, schools and religious institutions enjoy special protection under international law. However, this protection is not absolute. A hospital can become a legitimate target if it is used primarily for military purposes and destruction provides a military advantage. In this case it is fundamentally fragile.
Even when attacks on a hospital claim human lives – in the example of Rantisi Hospital: children with cancer?
Yes, but there are limitations. Israel and Hamas must ensure that the damage to the civilian population is proportionate and that the military advantage justifies the ultimate loss of life.
Looking now at the hospitals in the Gaza Strip, which are increasingly becoming the focus of the fighting, is the Israeli siege of the hospitals justified?
The Israeli army must ensure that only military targets are attacked. A siege or attack is only justified if there are clear indications that these hospitals are being used for military purposes.
Importantly, the party currently in control of the area must ensure that civilian life is protected. Currently that is Israel. This means that hospitals must be sufficiently equipped and functional.
This means that in theory both sides could be committing a war crime here.
Yes, that could theoretically be the case, under the following assumption: using civilians as protective shields is a war crime. That would be one side. Then a siege of the hospital by Israel would be justified. But only then. If not, that would also be a war crime. So what we’re trying to do here is fight fire with fire.
What are you currently demanding from the two parties Israel and Hamas?
The abuse of the civilian population as a protective shield must stop immediately and the supply of this civilian population must be guaranteed immediately. And the ones currently preventing this are the terrorists who use people as a protective shield. The fight against these terrorists is a fundamentally legitimate measure under international law. Because their criminal behavior ultimately prevents them from supplying the civilian population.
Source: Blick
I am Amelia James, a passionate journalist with a deep-rooted interest in current affairs. I have more than five years of experience in the media industry, working both as an author and editor for 24 Instant News. My main focus lies in international news, particularly regional conflicts and political issues around the world.
