this post was submitted on 13 Nov 2023
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[–] [email protected] 141 points 9 months ago* (last edited 9 months ago) (74 children)

To be clear, staging militant attacks from a hospital is a war crime.
To make matters worse, it opens up the likelihood and justification of counter-attacks against that hospital and the people in it.

According to international humanitarian law (IHL), health establishments and units, including hospitals, should not be attacked. This protection extends to the wounded and sick as well as to medical staff and means of transport. The rule has few exceptions.

Specific protection of medical establishments and units (including hospitals) is the general rule under IHL. Therefore, specific protection to which hospitals are entitled shall not cease unless they are used by a party to the conflict to commit, outside their humanitarian functions, an "act harmful to the enemy".

Medical establishments and units 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 thereby cause harm to the enemy, the rationale for their specific protection is removed. This would be the case for example if a hospital is used as a base from which to launch an attack; as an observation post to transmit information of military value; as a weapons depot; as a center for liaison with fighting troops; or as a shelter for able-bodied combatants.

Source: The International Committee of the Red Cross

Nobody should beat around the bush here. Hamas are using injured civilians as a human shield to stage attacks, and in doing so they are inviting retaliation and suffering under well-establish terms of international law. There's not really any particular gray area here. It's horrible, it's unethical, it's criminal, and it's just plain wrong.

[–] [email protected] 38 points 9 months ago (53 children)

This is the thing that pissed me off - the organization that has a humanitarian symbol so strong you can be legally held accountable for using it in a way that lessens its importance acknowledges that attacking a hospital being used as a military bases is a legal part of war. Meanwhile there are people whos education doesn't pass high-school screaming that this isn't legal, or its incorrect, or blaming the aggressor instead of those deliberately putting civilian lives at risk by blatantly ignoring intl rules of conflict.

If you want to throw in your argument against the red cross, spend your life and billions of dollars helping humanitarian issues world wide and then you might have some authority on the matter.

This is modern warfare. War is horrific, innocents get killed, people suffer. We put rules in place to lessen the effects on the innocent and those who circumvent those rules to try make the others look bad need to be removed in the quickest and most efficient way we can - as soon as one group gets away with ignoring the intl rules, everyone can.

[–] [email protected] 61 points 9 months ago* (last edited 9 months ago) (1 children)

I don't think any intellectually honest person that supports Palestine thinks Hamas are the "good guys", they are an evil created and grown directly and indirectly by Israel's actions.

[–] [email protected] -5 points 9 months ago (1 children)

I doubt anyone thinks they are the good guys, but there are multiple trying to justify blatant war crimes and thinking they should be able to operate with immunity because they have civilians in the cross fire.

Im also doubting some "intellectually honest" people on both sides if the arguement. Well, with this CF all six sides of the arguement...

[–] [email protected] 22 points 9 months ago (3 children)

Who is doing that? Who is saying it's justifiable for Hamas to use a hospital as a base? The only thing remotely close to that I've seen is people saying that a group like Hamas is an inevitable byproduct of Israeli occupation. Everyone knows putting a garrison in a hospital is shit, what's disturbing is how many people think that justifies murdering every civilian in there

[–] [email protected] 6 points 9 months ago (1 children)

It's the only place they could make a garrison, any other building Israel even remotely thinks is related to terrorism is summarily obliterated. If you leave people two options and one isn't plausible you can't be all too surprised they choose the other option.

The US spent 20 fucking years fighting in Afghanistan which also had hospital garrisons, I don't seem to remember a pattern or practice of leveling them though. In fact the hospital that was destroyed kicked off a three party international review, the us apologized and paid the families. Israel on thee other hand said fuck it let's go bomb hospitals.

[–] [email protected] -3 points 9 months ago* (last edited 9 months ago) (1 children)

I have unfortunately seen comments trying to justify it- mostly around them not having a choice (edit: oh look, one just replied), or because otherwise they would be bombed, or its ok because Israel isn't good either. Whats more disturbing is my comment responding asking if they just justified a war crime because they said it was ok because they would be attacked otherwise got downvoted something like 20 times. Im also aware that isn't exactly a peer reviewed study.

I fully agree on your comment regarding how worrying it is how many people think killing them all is ok. No, it is a war crime to garrison a hospital, and it removes protection from that hospital but your response still has to be proportional and in a way that minimizes damage and civilian casualties. They could put a sniper in every window, rockets on the roof and you still can't level the building.

[–] [email protected] 11 points 9 months ago

That's understanding not justification. Saying they get why it was done is not at all the same as saying it's morally or logically correct.

It specifically does not remove protections, it makes limited military intervention legal. I agree with the rest but that phrasing makes it seem like anything is on the table when it isn't.

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