- Experts suggest IDF may have violated international law by disguising themselves as doctors and patients to raid a hospital in the West Bank, resulting in the deaths of three Palestinian men.
- The ICC is the final authority to determine if international law was violated, but key countries like the US, China, India, and Russia did not sign the Rome Statute and are not part of the ICC.
- The ICC prosecutor has previously investigated Israel’s actions towards Palestinians, despite Israel not being a member of the ICC.
Additional Coverage:
Experts have suggested that the Israel Defense Forces (IDF) may have violated international law during a raid at a hospital in the West Bank, resulting in the deaths of three Palestinian men claimed by both Hamas and the Islamic Jihad. The IDF members disguised themselves as doctors and patients to infiltrate the Ibn Sina Hospital in Jenin. Doctors and patients are given “protected status” under the Geneva Convention.
While the International Criminal Court (ICC) is the final authority to determine if international law was violated, experts have pointed to elements of the Rome Statute and customary international humanitarian law that the IDF may have disregarded. It’s important to note that the United States, China, India, and Russia are among the 40 countries that did not sign the Rome Statute and are not part of the ICC.
The ICC and International Court of Justice (ICJ) are distinct entities, with the ICJ recently issuing a preliminary ruling in a case brought by South Africa against Israel, accusing them of genocide against Palestinians. The ICC has the power to investigate and hold trials on cases involving genocide, crimes against humanity, and war crimes.
Though Israel is not a member of the ICC and rejects its jurisdiction, the ICC prosecutor has previously investigated Israel’s actions towards Palestinians.
Dressing up as doctors or patients, pretending to have protected status, is a violation of international law, known as perfidy. According to Aurel Sari, an associate professor of public international law, Israel is bound by this rule as it is part of customary international law in both international and non-international armed conflicts.
While it remains uncertain if the IDF used disguises to gain access to the hospital or the confidence of those they targeted, another potential violation is attacking combatants who are incapacitated by wounds or sickness. Basel Ghazawi, one of the victims, had been paralyzed and was receiving treatment at the hospital. Attacking an incapacitated individual would be considered a war crime.
The IDF claimed that the raid was targeting Hamas terrorists who had been hiding inside the hospital and accused one of the victims, Muhammed Jalamneh, of transferring weapons and ammunition to support shooting attacks. The IDF has previously alleged that Hamas uses hospitals in Gaza as a cover for its terrorist activities.
The ICC would be responsible for determining if a war crime occurred or if international law was violated. However, establishing if a war crime has taken place often requires extensive investigations and assessments, according to Robert Kolb, a professor of public international law and international organization.
Since October 7, over 26,000 people have been killed and 65,000 injured in Gaza, while in Israel, at least 1,200 people have been killed and 6,900 injured, including 556 IDF soldiers.