Israeli Defense Forces (IDF) carried out an operation inside a West Bank hospital while disguised as doctors and patients, which killed three Palestinian men identified as members of both Hamas and the Islamic Jihad. According to several experts who spoke with ABC News, the raid at Ibn Sina Hospital on Monday, January 29, may have breached international law.
Reportedly, a member of the IDF was in a wheelchair, two were holding a doll in a baby carrier, others were dressed as nurses, one as A doctor, and a few as civilians. Under the Geneva Convention, medical personnel and their patients benefit from "protected status" during times of armed conflict.
ICC's Involvement
The experts stressed that the ultimate authority to decide whether the raid violated international law is the International Criminal Court (ICC). Nevertheless, they did cite provisions of the Rome Statute--the ICC's governing treaty--and the study on the principles of customary international humanitarian law that the IDF might have broken during the raid.
While South Africa sued Israel, claiming the Jewish state committed genocide against the Palestinians, the International Court of Justice (ICJ) released a preliminary verdict in the case last week. The ICC, on the other hand, is distinct from the ICJ.
In cases involving "genocide, crimes against humanity, or war crimes," the ICC has the authority to exercise jurisdiction via preliminary examinations, investigations, and, in extreme cases, trials.
The prosecutor from the ICC has already looked into Israeli policies regarding Palestinians, but Israel does not recognize the court and denies its authority.
Potential Violations
International law prohibits impersonating a protected status, such as a patient or doctor, with the intent to gain an adversary's trust before killing or injuring them, according to Aurel Sari, an associate professor of public international law at the University of Exeter. Sari said this is against the rule that one cannot harm or kill one's enemy by using deception.
"The rule is part of customary international law in both international and non-international armed conflicts, which means Israel is bound by it," Sari added. "Based on what has been reported, it appears that the Israeli forces involved in the operation in the Ibn Sina Hospital in Jenin did resort to perfidy in violation of the law of armed conflict."
Another potential breach of international law that the IDF may have committed is the prohibition on attacking wounded or sick combatants or individuals "hors de combat," said Tom Dannenbaum, an associate professor of international law.
Reportedly, a paralyzed Palestinian man, Basel Ghazawi, was one of those who were killed. He was receiving treatment at the hospital at the time of the raid. However, claims that Ghazawi was paralyzed were refuted by the IDF.
