Lewis & Clark Law Review
First Page
583
Abstract
This Comment argues that Israel’s attacks on the medical infrastructure of Gaza are a violation of international law because hospitals are protected zones and medical personnel are civilians. To Israel’s response that Hamas is attack-ing from hospitals, thereby rendering them legitimate targets, this Comment presents a number of responses: (1) there is little to no evidence that Hamas is doing this; (2) even if Hamas is doing this, the military gains from attacking hospitals are outweighed by the civilian deaths; (3) even if Hamas is doing this and there is significant military gain from attacking hospitals, the interna-tional rules have been created by militarily powerful nations to enable them-selves to conduct warfare to their advantage, at the expense of militarily-weaker nations, and international law should recognize and redress this power disparity, starting with Israel/Gaza. This Comment argues further that Israel’s practices in detaining and torturing medical personnel providing care within such infrastructure amount to violations of international law. This Comment concludes by urging the international community to hold the leaders responsi-ble for these violations accountable under the Rome Statute.
Recommended Citation
Serene Mistkawi,
The Legal Ramifications of Israel’s Destruction of Gaza’s Healthcare System,
29
Lewis & Clark L. Rev.
583
(2025).
Available at:
https://lawcommons.lclark.edu/lclr/vol29/iss3/5