By Nadeen Ebrahim, Jessie
Yeung and Christian Edwards, CNN
Israeli forces launched a
raid Wednesday on Gaza’s largest hospital, Al-Shifa, after accusing Hamas
of operating from tunnels beneath the vast complex – a claim denied by the
militant group and hospital officials.An aerial view shows the compound of Al-Shifa hospital in
Gaza City on November 7.
Thousands of Palestinians are
believed to be sheltering in and around the hospital, which the UN said had
become the “epicenter” of fighting in the area, trapping vulnerable patients,
staff and displaced Palestinians as they run out of medical supplies and fuel.
The hospital’s main building
has effectively ceased functioning, with doctors working by candlelight and
wrapping premature babies in foil to keep them alive – with some warning the
situation inside has become “catastrophic.”
In recent days, the hospital
has become a microcosm of the wider war and the rhetoric around it.
Palestinians hold up the fighting around Al-Shifa as proof of Israel’s wanton
disregard for civilian life in Gaza, while Israel points to the hospital as an example
of Hamas’ use of civilians as human shields.
But the decision by Israeli
forces to enter the hospital marks a potential escalatory moment in the
conflict which began on October 7, when Hamas militants entered Israel, killing
more than 1,200 people and taking over 200 others hostage – the largest such
attack on Israel since the country’s founding in 1948.
More than 11,000 have since
been killed by retaliatory Israeli strikes in Gaza, according to the
Palestinian Ministry of Health in Ramallah, which draws figures from the
Hamas-controlled territory.
Here’s what we know so far
about Al-Shifa and the Wednesday raid.
On early Wednesday morning
local time, the Israel Defense Forces (IDF) said it was “carrying out a precise
and targeted operation against Hamas in a specified area in the Shifa Hospital”
in Gaza.
Khaled Abu Samra, a doctor at the hospital, told CNN they were given 30 minutes’ warning before the Israeli operation on the complex began in the early hours of Wednesday morning.
“We were asked to stay clear
of the windows and the balconies. We can hear the armored vehicles, they are
very close to the entrance of the complex,” he said.
Khader Al Za’anoun, a
journalist inside the hospital, told
CNN on Wednesday morning Israeli tanks and military vehicles were in
the hospital courtyard. He added Israeli soldiers were “in the buildings and
departments are conducting search and interrogation operations with the young
men amidst intense and violent gunfire inside the hospital,” and were using
megaphones to ask young men in the hospital to “raise their hands, come out,
and surrender themselves.”
CNN cannot independently
verify Israel’s claims that Hamas is operating from the hospital.
Israeli army spokesman Peter
Lerner told CNN on Wednesday that the IDF had informed hospital administrators,
patients and civilians inside to take cover “because we intend on conducting
our military operation in order to differentiate and distinguish between the
civilians and the terrorists.”
Israel has repeatedly claimed
Hamas is using the hospital complex for military purposes. In a
presentation to the media last month, Israeli military spokesman Daniel Hagari
accused Hamas of directing rocket attacks and commanding operations from bunkers
underneath the hospital building, which he said was linked to the network of
tunnels that Hamas has dug underneath Gaza city.
Hagari at the time offered
only one piece of evidence: a phone call purporting to be between two Gazans
discussing the presence of Hamas’s headquarters at the Al-Shifa
hospital. CNN could not independently verify the authenticity of the
recording.
The IDF also
published an “intelligence-based” illustrated video of what it claims
the Hamas headquarter under Al-Shifa looks like. The video shows a 3D diagram
of the hospital, which moves to show an animated network of purported tunnels
and operation rooms.
Other hospitals inside Gaza
were also being used by Hamas in similar ways, Hagari claimed during the
presentation, which included aerial photos, graphics and voice recordings.
Israel has made other efforts
to publicize what it says is proof of Hamas’ operations under hospitals. On
Monday, the IDF invited news media to visit the Al Rantisi children’s hospital
in Gaza City, where Hagari alleged parts of the basement had been a Hamas
“command and control center” and may have been used to hold hostages.
A CNN team embedded with the
IDF and was shown guns and explosives in one room located beneath the hospital,
which Hagari termed an “armory.”
The director of hospitals at
the Hamas-controlled ministry of health on Tuesday dismissed Israel’s
accusations, saying the basement of the Rantisi hospital was used to shelter
women and children, not store Hamas weaponry and hold hostages.
Hamas, Palestinian health
officials and medical workers have also vehemently denied Israel’s claims about
Al-Shifa, and condemned Wednesday’s raid.
The director general of the
Gaza health ministry, Dr. Medhat Abbas, told CNN that Gaza’s hospitals “are
used to treat patients only” and are not being used “to hide anyone.”
After the raid began,
Palestinian Authority Health Minister Dr. Mai Al-Kaila said it represented “a
new crime against humanity, medical staff, and patients,” and
warned it could have “catastrophic consequences” for patients and medical staff.
In a statement Wednesday,
Hamas blamed both Israel and the US for the raid, claiming that the US had
given Israel “a green light … to commit more massacres against civilians” by
using Israel’s “false narrative” of Al-Shifa being used as a command center.
The statement also accused the
United Nations of failing to defend Palestinians.
The White House has backed
Israel’s claims, saying Tuesday that Hamas was storing weapons and operating a
command node from the al-Shifa hospital in Gaza, citing US intelligence.
“Hamas and the Palestinian
Islamic Jihad, PIJ, members operate a command-and-control node from al-Shifa in
Gaza City. They have stored weapons there and they are prepared to respond to
an Israeli military operation against that facility,” John Kirby, a US National
Security Council spokesman, told reporters traveling with President Joe Biden.
Kirby presented no evidence to back up his statement.
But Biden also said Monday
that hospitals in Gaza “must be protected” and that his “hope and expectation
is that there will be less intrusive action” around them.
The sprawling medical
facility of Al-Shifa, which sits in the western part of Gaza City,
was built
in 1946 when Gaza was still under British rule. It has long been seen
as the backbone of medical services across the besieged Gaza Strip, and
has been hit in previous Hamas-Israel conflicts.
As early as Israel’s first war
with Hamas in 2008-2009 – almost a year after the militant group seized control
of the enclave – Israel had been claiming that Hamas fighters were sheltering
in mosques, hospitals and other civilian places to avoid Israeli attacks.
Former Minister of Internal
Security and Shin Bet director, Avi Dichter, said in in 2009 that it was “an
open secret” among Palestinians living in Gaza that Hamas uses Al-Shifa for its
operations, a claim that Hamas repeatedly denied.
The hospital was struck nine
years ago during the 2014 Israel-Gaza war, which was strongly condemned by aid
and medical organizations. Palestinians blamed the 2014 attack on Israel, while
Israel said it was the result of a failed rocket launch by Hamas.
The hospital made headlines a
year later, when human rights group Amnesty
International published a damning report on Hamas, including
allegations that Hamas militants interrogated and tortured people at a clinic
in Al-Shifa.
International humanitarian law
(IHL) governs the way in which warfare is conducted and seeks to limit the
suffering caused. It is designed to give protection to civilians and civilian
objects, including medical staff and facilities.
But protection is not
unconditional. “They can lose their protection if they are used outside of
their humanitarian function to commit acts harmful to the enemy,” Cordula
Droege, chief legal officer of the International Committee of the Red Cross,
explained in a video Tuesday,
adding that using buildings like hospitals to house combatants and weapons can
turn civilian objects into legitimate military targets.
Once a hospital has lost its
protected status, an attack could be permissible – but the attacking party must
give warning before launching a strike. “The purpose of such a warning is to
allow those who misuse the hospital to stop the acts harmful to the enemy, or,
if they persist, to allow for the safe evacuation of patients and medical
staff,” Droege said, noting that this is not always feasible in conflict
situations.
The IDF said in a statement on
Wednesday that it had warned for weeks that Hamas’s “continued military use of
the Shifa hospital jeopardizes its protected status.” The statement added that
the IDF had also notified the relevant authorities on Tuesday that all military
activities within the hospital must stop within 12 hours.
But this “does not mean there
is free license to attack,” said Droege. All strikes are governed by the
“principle of proportionality,” which states the attacking party has to ensure
the expected harm caused to civilians will not be “excessive” in relation to
the expected military advantage. All parties must also take precautions to
minimize civilian harm.
But determining
proportionality is a fraught task. Michael Schmiit, a law professor at the
University of Reading and former targeting officer in the US Air Force, told
CNN making such a calculation is “the hardest decision a commander can make on
the battlefield, because there’s no bright-line test.”
While none dispute the horror
of such attacks, legal experts are divided over whether Israel’s actions
necessarily violate IHL.
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