International Humanitarian Law and the Immunity of Hospitals in Gaza

Dados Bibliográficos

ID21504348
AutoresZohar Lederman (0000-0003-0547-1066, Department of Emergency Medicine University of Hong Kong Hong kong Hong kong, autor correspondente)
Ano2026
Volume40
Fascículo1
Páginas12-20
Data de publicação2026-01-01
Peer ReviewedSim
Open AccessSim
TipoARTICLE
PeriódicoBioethics (JOURNAL)
Identificadores do periódicoISSN: 0269-9702 • E-ISSN: 1467-8519
EditoraWiley (PUBLISHER • GB)
DOI10.1111/bioe.13433
PMID40517410
OpenAlexW4411317555
IdiomaEN
Citações recebidas6
Referências citadas17

International Humanitarian Law (IHL), specifically Article 18 of the IV Geneva Convention, affords special protection to civilian hospitals. This special protection is waived, however, under certain circumstances specified in Article 19. Such conditions to waive the special protection of hospitals are now being used by Israel to justify the attack on civilian hospitals and healthcare institutions in Gaza. This paper critically evaluates Article 19 and the conditions for the removal of the immunity of hospitals in general and in the specific case of Gaza. The substance and language of Article 19 are found to be flawed in this case. The paper thus argues that Article 19 should be revised to better reflect the special protection hospitals generally and in Gaza specifically should have. This paper is primarily geared at fellow bioethicists who wish to contribute to and lament the injustices occurring in Gaza and elsewhere but are unsure as to how ethical arguments may do so. This paper also addresses international law scholars, inviting further commentary on a novel and ambitious ethical argument to revise long‐standing international law. Additionally, the paper is a call to the wider, global public and healthcare providers to actively condemn unjust attacks on healthcare in Gaza and elsewhere in the world. Lastly, the paper is written in a meager attempt at standing in solidarity with the People in Gaza and elsewhere whose healthcare systems are being targeted by unjust governments

Convention · Health care · International humanitarian law · International law · Political science · Politics · Sociology · Solidarity · Health and Conflict Studies · Law · Medicine · Torture, Ethics, and Law · War, Ethics, and Justification