International Law Allows Striking Hospitals Used as Terror Bases

Former military prosecutor Morris Hirsch explained the legal framework that permits striking hospitals when they are used as terrorist facilities, following an overnight strike on Gaza's Nasser Hospital. The strike targeted a senior Hamas official, Muhammad Abu Ismail, and other terrorists present at the hospital.

Hirsch, who previously served as the head of the military prosecution in Judea and Samaria, stated that under international law, any location functioning as a military objective, such as a training site or a gathering place for terrorists, can be attacked. This includes facilities like hospitals if they are co-opted for military purposes.

He emphasized that hospitals are not attacked unless they become legitimate military targets. "When terrorists turn the place into a military target and misuse it, even a hospital loses its protections," Hirsch said. While international law does not require Israel to justify such strikes, Hirsch suggested that a public relations effort to explain the actions, including details about the terrorists and their misuse of the hospital, would be beneficial for global public opinion.

Hirsch also detailed the approval process for such strikes, noting that different types of targets and methods of attack require varying levels of authorization. Immediate threats from terrorists on the ground are handled by soldiers without prior approval, whereas planned strikes, especially on sensitive locations like hospitals, involve a higher chain of command and thorough review of potential collateral damage.

He drew parallels to operations in Afghanistan and Iraq, where U.S. and British forces have attacked hospitals harboring terrorists. Citing Colonel John Spencer, Hirsch noted that Western militaries have established procedures for both rapid and planned strikes on hospitals when necessary, indicating a spectrum of operational responses.