To the Editor A recent Viewpoint1 addressed the importance of protecting the sacredness of health in the context of the conflict in Israel and Gaza. While we share the authors’ commitment to protecting the inviolability of health in conflict zones, we are concerned about their interpretation and application of international humanitarian law (IHL) in this armed conflict. In our opinion, the authors’ “objective law-based assessment”1 was misleading. We acknowledge the humanitarian crisis in Gaza and we are profoundly distressed by the loss of civilian lives.
The authors asserted that the Israel Defense Force (IDF) targets health care facilities, alleging a violation of IHL.1 Hamas, a recognized terrorist organization, uses hospitals for military purposes and embeds military personnel and equipment within health infrastructure. Substantial evidence suggests the existence of a command center under Al-Shifa hospital, designating it a military target.2,3 The authors’ assertion that “Israeli attacks on Palestinian health facilities also predate the current conflict”1 lacks supporting evidence and contradicts their claim of providing “fact-dependent judgments.”
The Viewpoint authors contended that the death toll in Gaza reflects Israel’s “disproportionate” response.1 The concept of proportionality must consider intention; Hamas’ use of misinformation, inclusion of combatants in death tolls, and use of Palestinian civilians as human shields complicates the assessment. The IDF asserts efforts to avoid civilian loss in its attempts to dismantle terrorist infrastructure. Israel has a right under international law to defend against the threat posed by Hamas, which includes taking military action that is necessary to ensure that Hamas terrorists cannot repeat the atrocities of October 7, 2023, which they have vowed to do. While every civilian death is tragic, there is a moral difference between the inadvertent death of noncombatants in conflict zones and the deliberate, calculated, and depraved massacre of innocent civilians by terrorists.
Notwithstanding the authors’ dedication to safeguarding health in times of war, they have omitted significant facts. There has been no provision of health care by the International Committee of the Red Cross or other humanitarian agencies to the hostages taken from Israel, many of whom are severely injured. Additionally, this Viewpoint overlooked Hamas’ heinous sexual violence against Israeli women. In an article focused on the sacredness of health in war, these omissions are very concerning.
With a sense of responsibility toward fostering constructive dialogue and maintaining academic rigor, we encourage accurate, balanced, and meaningful discussion surrounding the conflict between Hamas and Israel, and the intersection of armed conflict and health.
Corresponding Author: Nikki R. Adler, BSc, MBBS, PhD, School of Public Health & Preventive Medicine, Monash University, 553 St Kilda Rd, Melbourne, VIC 3000, Australia (Nikki.adler@monash.edu).
Published Online: March 13, 2024. doi:10.1001/jama.2024.4438
Conflict of Interest Disclosures: None reported.
1.Gostin
LO, Goodwin
MB. Wars in Gaza and beyond: why protecting the sacredness of health matters. Ѵ. 2024;331(3):191-192. doi:
2.Liptak
K. White House says intelligence shows Hamas using al-Shifa hospital for command node, storing weapons. November 14, 2023. Accessed March 10, 2024.
3.Greenland
P, Lakser
O, Lipschutz
L. Importance of a broader view of the Hamas-Israel war. BMJ Glob Health. 2024;9(2):e014378. doi: