The decision comes at a crucial juncture in the ongoing conflict.
Biden had sought to encourage Israel to exercise caution in its Gaza operations to mitigate the humanitarian consequences. This appeal gained urgency following the distressing events at al-Ahli Arab Hospital.
The situation Biden now faces is notably more volatile than he anticipated, potentially bolstering his position when pressing Israel on the risks of an extended Gaza operation eroding global support.
Biden's belief in his ability to negotiate and bring parties together is being tested as Arab leaders, including the Jordanians, Egyptians, and Palestinians, walked away from the meeting – a rare occurrence involving a US president.
In the wake of the targeting of al-Ahli Arab Hospital in Gaza, Palestinian President Mahmoud Abbas strongly condemned it as a "hideous war massacre." He affirmed their resolve, stating, "We will not allow a new Nakba (catastrophe) in the 21st century, and we will not accept the displacement of our people again. Our people will remain steadfast in their homeland and will not leave, no matter the sacrifices."
Amid these developments, questions arise about the protection of hospitals and health workers under international humanitarian law (IHL).
The Geneva Conventions provide clear guidelines regarding the protection of hospitals and health workers during times of war. Under these conventions:
- Sick and wounded individuals, medical staff, hospitals, and mobile medical facilities are protected and should never be the object of attack.
- Targeting such entities is considered a war crime.
- Wounded military personnel or combatants being treated in hospitals and medical facilities are also protected.
- Medical workers who are armed to defend their lives and those of their patients are protected.
Article 18 of the Geneva Conventions No IV states that civilian hospitals, organized to provide care to the wounded and sick, must not be attacked and should be respected and protected by the parties to the conflict. Protection may cease only after due warning and if the hospital is used for harmful actions outside its humanitarian duties.
Article 19 further clarifies that the protection of civilian hospitals should not cease unless they are used for harmful actions against the enemy, with a reasonable warning and time limit provided.
In summary, international humanitarian law unequivocally prohibits the targeting of hospitals and health workers during times of war to ensure the safety and care of the sick and wounded.