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Joined 2 years ago
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Cake day: June 14th, 2023

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  • This is simply not true when IHL is looked at as a whole.

    Hospitals do receive special protections. As a rule a hospital can never be attacked unless it becomes co-opted for military purposes or represents a legitimate military objective. At that point, the hospital must be notified prior to attack if doing so is at all reasonable. Further, all proportionality calculations must still be made regarding collateral damage.

    The hospital became a legitimate target when Hamas militants, under military orders, brought in hostages.

    Notifying the hospital was clearly unreasonable, as that would allow Hamas to remove the hostages, the recovery of which was the primary military objective.

    Proportionality considerations dictated what was a reasonable attack. Israel didn’t bomb the building into dust - they staged a controlled siege (to prevent the hostages from being moved) followed by a methodical taking of the facility.

    Nothing about this was unreasonable or illegal given the full context.




  • Regarding Al-Shifa hospital, there is video of Hamas taking some hostages inside, and widespread reporting of Hamas previously using part of the facility for interrogation/torture of civilians. That, in conjunction with the tunnel evidence, makes it a reasonable target for Israel to take control of (i.e. not a war crime). Personally I doubt the tunnel constitutes a command center. A method for discreetly bringing in captives makes more sense.



  • Her dissenting opinion is here. It’s quite thorough, and while reasonable people could disagree on each point (myself included), I didn’t find anything overtly biased in her analysis. Paragraphs 22 - 30 are the bulk of her analysis. Chiefly she cited 3 concerns:

    • without Hamas as a party, she didn’t see how any order could be complied with without Israel unilaterally withdrawing and being forced to accept subsequent attacks
    • most requested orders amounted to “follow IHL”, which Israel is already bound to order or no order
    • she believes SA is conflating Hamas and Palestinian civilians in several key arguments