Destruction of the healthcare system

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Destruction of the healthcare system is a war crime that may consist of such actions as attacks on health care facilities such as hospitals, harm to healthcare workers, blocking of humanitarian aid and other supplies needed by the healthcare system. It has been reported during the Israeli blockade of Gaza [1] and Israel–Hamas war (see Attacks on health facilities during the Israel–Hamas war), [2] Russian invasion of Ukraine, [3] Syrian civil war, [4] and Sudan conflict. [5] In order to prevent belligerents from justifying the destruction of the healthcare system by claiming that enemies were using the facilities as human shields, Neve Gordon and Nicola Perugini propose clarifying that all attacks that damage the healthcare system are war crimes. [6]

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<span class="mw-page-title-main">Médecins Sans Frontières</span> International humanitarian medical non-governmental organisation

Médecins Sans Frontières, also known as Doctors Without Borders, is a charity that provides humanitarian medical care. It is a non-governmental organisation (NGO) of French origin known for its projects in conflict zones and in countries affected by endemic diseases. The organisation provides care for diabetes, drug-resistant infections, HIV/AIDS, hepatitis C, tropical and neglected diseases, tuberculosis, vaccines and COVID-19. In 2019, the charity was active in 70 countries with over 35,000 personnel; mostly local doctors, nurses and other medical professionals, logistical experts, water and sanitation engineers, and administrators. Private donors provide about 90% of the organisation's funding, while corporate donations provide the rest, giving MSF an annual budget of approximately US$1.63 billion.

<span class="mw-page-title-main">Human shield</span> Non-combatants placed around a target to discourage enemy attacks

A human shield is a non-combatant who either volunteers or is forced to shield a legitimate military target in order to deter the enemy from attacking it.

Humanitarian aid workers belonging to United Nations organisations, PVOs / NGOs or the Red Cross / Red Crescent are among the list of protected persons under international humanitarian law that grant them immunity from attack by belligerent parties. However, attacks on humanitarian workers have occasionally occurred, and become more frequent since the 1990s and 2000s. In 2017, the Aid Worker Security Database (AWSD) documented 139 humanitarian workers killed in intentional attacks out of the estimated global population of 569,700 workers. In every year since 2013, more than 100 humanitarian workers were killed. This is attributed to a number of factors, including the increasing number of humanitarian workers deployed, the increasingly unstable environments in which they work, and the erosion of the perception of neutrality and independence. In 2012 road travel was seen to be the most dangerous context, with kidnappings of aid workers quadrupling in the last decade, reaching more aid workers victims than any other form of attack.

<span class="mw-page-title-main">2006 Gaza–Israel conflict</span> Israeli military offensive in the Gaza strip

The 2006 Gaza–Israel conflict, known in Israel as Operation Summer Rains, was a series of battles between Palestinian militants and the Israel Defense Forces (IDF) during summer 2006, prompted by the capture of Israeli soldier Gilad Shalit by Palestinian militants on 25 June 2006. Large-scale conventional warfare occurred in the Gaza Strip, starting on 28 June 2006, which was the first major ground operation in the Gaza Strip since Israel's unilateral disengagement plan was implemented between August and September 2005.

<span class="mw-page-title-main">Gaza War (2008–2009)</span> Armed conflict between Israel and Palestinian militant groups in the Gaza Strip

The Gaza War, also known as the First Gaza War, Operation Cast Lead, or the Gaza Massacre, and referred to as the Battle of al-Furqan by Hamas, was a three-week armed conflict between Gaza Strip Palestinian paramilitary groups and the Israel Defense Forces (IDF) that began on 27 December 2008 and ended on 18 January 2009 with a unilateral ceasefire. The conflict resulted in 1,166–1,417 Palestinian and 13 Israeli deaths. Over 46,000 homes were destroyed in Gaza, making more than 100,000 people homeless.

Accusations of violations regarding international humanitarian law, which governs the actions by belligerents during an armed conflict, have been directed at both Israel and Hamas for their actions during the 2008–2009 Gaza War. The accusations covered violating laws governing distinction and proportionality by Israel, the indiscriminate firing of rockets at civilian locations and extrajudicial violence within the Gaza Strip by Hamas. As of September 2009, some 360 complaints had been filed by individuals and NGOs at the prosecutor's office in the Hague calling for investigations into alleged crimes committed by Israel during the Gaza War.

<span class="mw-page-title-main">United Nations Fact Finding Mission on the Gaza Conflict</span> Team formed in 2009 to investigate human rights violations by Israel against Palestinians in Gaza

The United Nations Fact Finding Mission on the Gaza Conflict, also known as the Goldstone Report, was a United Nations fact-finding mission established in April 2009 pursuant to Resolution A/HRC/RES/S-9/1 of the United Nations Human Rights Council (UNHRC) of 12 January 2009, following the Gaza War as an independent international fact-finding mission "to investigate all violations of international human rights law and international humanitarian law by the occupying Power, Israel, against the Palestinian people throughout the Occupied Palestinian Territory, particularly in the occupied Gaza Strip, due to the current aggression". South African jurist Richard Goldstone was appointed to head the mission. The other co-authors of the Report were Hina Jilani, Christine Chinkin and Desmond Travers.

Medical neutrality refers to a principle of noninterference with medical services in times of armed conflict and civil unrest: physicians must be allowed to care for the sick and wounded, and soldiers must receive care regardless of their political affiliations; all parties must refrain from attacking and misusing medical facilities, transport, and personnel. Concepts comprising the principles of medical neutrality derive from international human rights law, medical ethics and humanitarian law. Medical neutrality may be thought of as a kind of social contract that obligates societies to protect medical personnel in both times of war and peace, and obligates medical personnel to treat all individuals regardless of religion, race, ethnicity, or political affiliation. Violations of medical neutrality constitute crimes outlined in the Geneva Conventions.

<span class="mw-page-title-main">Healthcare in the State of Palestine</span>

Healthcare in the State of Palestine refers to the governmental and private healthcare providers to which residents in the claimed territory have access. Since 1967, there have been improvements in the access to healthcare and the overall general health conditions for residents. Advances in training, increased access to state-of-the-art medical technology, and various governmental provisions have allowed per-capita funding to increase, and therefore the overall health of residents in the region to increase. Additionally, the enhanced access to and funding from international organizations like the World Health Organization, the United Nations, the Palestinian Ministry of Health, and the World Bank Education and Health Rehabilitation Project have contributed to the current state of affairs within the healthcare segment of the Palestinian territories.

<span class="mw-page-title-main">2014 Gaza War</span> Armed conflict between Israel and Palestinian militants

The 2014 Gaza War, also known as Operation Protective Edge, and Battle of the Withered Grain, was a military operation launched by Israel on 8 July 2014 in the Gaza Strip, a Palestinian territory that has been governed by Hamas since 2007. Following the kidnapping and murder of three Israeli teenagers in the West Bank by Hamas-affiliated Palestinian militants, the Israel Defense Forces (IDF) initiated Operation Brother's Keeper, in which it killed 10 Palestinians, injured 130 and imprisoned more than 600. Hamas reportedly did not retaliate but resumed rocket attacks on Israel more than two weeks later, following the killing of one of its militants by an Israeli airstrike on 29 June. This escalation triggered a seven-week-long conflict between the two sides, one of the deadliest outbreaks of open conflict between Israel and the Palestinians in decades. The combination of Palestinian rocket attacks and Israeli airstrikes resulted in over two thousand deaths, the vast majority of which were Gazan Palestinians. This includes a total of six Israeli civilians who were killed as a result of the conflict.

Human shields are legally protected persons—either protected civilians or prisoners of war—who are either coerced or volunteer to deter attacks by occupying the space between a belligerent and a legitimate military target. The use of human shields is forbidden by Protocol I of the Geneva Conventions. It is also a specific intent war crime as codified in the Rome Statute, which was adopted in 1998. The language of the Rome Statute of the International Criminal Court prohibits "utilizing the presence of a civilian or other protected person to render certain points, areas, or military forces immune from military operations."

<span class="mw-page-title-main">Russian strikes on hospitals during the Russian invasion of Ukraine</span>

During the illegal Russian invasion of Ukraine The Russian Military has repeatedly attacked Ukrainian medical facilities, hospitals, clinics, and ambulances, and health workers. The Ministry of Defense of the United Kingdom stated that Russia was prioritizing attacks on Ukrainian medical facilities as a method of warfare, often striking these, as well as power infrastructure with Iranian-made drones such as Shahed 131, Shahed 136.

The following outline is provided as an overview of and topical guide to the Wikipedia articles available about the Israel–Hamas war. It is an evolving list.

<span class="mw-page-title-main">War crimes in the Israel–Hamas war</span> Violations of the laws of war during the 2023 Israel–Hamas war

Since the start of the Israel–Hamas war on 7 October 2023, the UN Human Rights Council has identified "clear evidence" of war crimes by both Hamas and the Israel Defense Forces. A UN Commission to the Israel–Palestine conflict stated that there is "clear evidence that war crimes may have been committed in the latest explosion of violence in Israel and Gaza, and all those who have violated international law and targeted civilians must be held accountable." On 27 October, a spokesperson for the OHCHR called for an independent court to review potential war crimes committed by both sides.

<span class="mw-page-title-main">Attacks on health facilities during the Israel–Hamas war</span>

A significant number of attacks on healthcare facilities occurred during the Israel–Hamas war. During the first week of the war, there were 94 attacks on health care facilities in Israel and Gaza, killing 29 healthcare workers and injuring 24. The attacks on healthcare facilities contributed to a severe humanitarian crisis in Gaza. By 30 November, the World Health Organization documented 427 attacks on healthcare in the West Bank and Gaza Strip, resulting in 566 fatalities and 758 injuries. By February 2024, it was reported that "every hospital in Gaza is either damaged, destroyed, or out of service due to lack of fuel." By April, WHO had verified 906 attacks on healthcare in Gaza, the West Bank, Israel, and Lebanon. As of June 2024, according to WHO, Israel has attacked 464 health care facilities, killed 727 health care workers, injured 933 health care workers, and damaged or destroyed 113 ambulances

Hamas has been accused of using human shields in the Gaza Strip, purposely attempting to shield itself from Israeli attacks by storing weapons in civilian infrastructure, launching rockets from residential areas, and telling residents to ignore Israeli warnings to flee. Israel has accused Hamas of maintaining command and control bunkers and tunnel infrastructure below hospitals, with some of the accusations being supported by the United States, the European Union, and the United Nations Secretary General. Hamas has denied using civilians and civilian infrastructure, including hospitals, as human shields.

The accusation of the use of human shields is a common theme in the Israeli–Palestinian conflict. The Israel Defense Forces (IDF) has used civilians as human shields multiple times to discourage Palestinian combattants from attacking, and to perform life-threatening tasks. Accusations against Palestinian militant groups including Hamas that they use Palestinian civilians as shields are commonly made by Israel and allied countries but have been contested by independent investigations; use of Israeli civilians as shields in the October 7 attack, however, has been evidenced by victim testimony. In addition, many activists have often voluntarily used themselves as human shields to stop Israeli violence against Palestinians: these include the International Solidarity Movement, and Israeli leftists.

Many health workers have been killed during attacks on medical facilities and medical transport in the Israel–Hamas war. Although the injuries happened both on the Israeli side and on the Palestinian side, most of these attacks were carried out by Israeli forces against Palestinians.

Humanitarian aid in conflict zones is the provision of emergency assistance and support to individuals and communities affected by armed conflict, with the aim of alleviating suffering, maintaining human dignity, and preserving life. This type of aid encompasses a wide range of services, including but not limited to, the delivery of food, water, shelter, medical care, and protection services, and is delivered amidst challenging and often dangerous conditions, with the goal of reaching those most in need regardless of their location, political affiliation, or status.

Attacks on protected zones and civilians in Gaza during the Israel–Hamas war have led to the killing of over 30,000 Palestinians and the displacement of over 2 million people, as well as the collapse of the education system and the destruction of most homes and hospitals in Gaza. Israel has faced accusations of war crimes from South Africa, the UN Human Rights Council, and Amnesty International, among others, due to the number of civilian casualties and the percentage of civilian infrastructure destroyed, including Palestinian refugee camps, schools, mosques, churches, and more. Analysis of satellite data shows that 80% of buildings in northern Gaza have been damaged or ruined. As of January 2024, researchers from Oregon State University and the City University of New York estimated that 50 to 62 percent of all buildings in the Gaza Strip were damaged or destroyed.

References

  1. Perugini, Nicola; Gordon, Neve (2 January 2024). "Medical Lawfare: The Nakba and Israel's Attacks on Palestinian Healthcare". Journal of Palestine Studies. 53 (1): 68–91. doi: 10.1080/0377919X.2024.2330366 .
  2. "Gaza's silent killings: The destruction of the healthcare system in Rafah | MSF". www.msf.org.
  3. "Destruction and Devastation: One Year of Russia's Assault on Ukraine's Health Care System - Ukraine | ReliefWeb". reliefweb.int. 21 February 2023. Retrieved 16 September 2024.
  4. Alhaffar, M. H. D. Bahaa Aldin; Janos, Sandor (19 September 2021). "Public health consequences after ten years of the Syrian crisis: a literature review". Globalization and Health. 17 (1): 111. doi: 10.1186/s12992-021-00762-9 . ISSN   1744-8603. PMC   8449996 .
  5. Dafallah, Alaa; Elmahi, Osman K. O.; Ibrahim, Maisoon Elbukhari; Elsheikh, Rania Elfatih; Blanchet, Karl (27 September 2023). "Destruction, disruption and disaster: Sudan's health system amidst armed conflict". Conflict and Health. 17 (1): 43. doi: 10.1186/s13031-023-00542-9 . ISSN   1752-1505. PMC   10523736 . PMID   37752590.
  6. Gordon, Neve; Perugini, Nicola (22 July 2019). "'Hospital Shields' and the Limits of International Law". European Journal of International Law. 30 (2): 439–463. doi:10.1093/ejil/chz029. hdl: 20.500.11820/8027da2e-e8ac-401a-b672-7f5ef152c3a0 .