Prosecutions For Targeting Hospitals In Armed Conflict
1. Prosecutor v. Stanislav Galić (ICTY – 2003)
Court: International Criminal Tribunal for the former Yugoslavia (ICTY)
Case Summary:
Stanislav Galić was the commander of the Sarajevo-Romanija Corps of the Bosnian Serb Army during the Siege of Sarajevo (1992–1994).
He was accused of orchestrating a campaign of sniping and shelling against civilians, including attacks on hospitals such as the Kosevo Hospital, Sarajevo’s main medical facility.
Legal Findings:
The court found that Galić’s forces had targeted civilian areas without distinguishing between military and civilian targets, violating Article 3 of the Geneva Conventions and Protocol I.
Though the charges weren’t only focused on hospitals, the intentional targeting of protected objects like medical facilities was a significant component.
He was convicted of crimes against humanity and war crimes, receiving a life sentence.
2. Prosecutor v. Radovan Karadžić (ICTY – 2016)
Court: ICTY
Case Summary:
Karadžić was the President of Republika Srpska and held command responsibility during the Bosnian War.
The indictment included attacks on civilian infrastructure, particularly in Sarajevo, and specified that medical facilities were frequently targeted.
Evidence showed hospitals were fired upon, with no military presence nearby.
Legal Findings:
The court ruled that Karadžić bore individual criminal responsibility for a campaign of terror against civilians, including attacks on hospitals.
He was found guilty of war crimes, crimes against humanity, and genocide.
Sentenced to life imprisonment, with targeting of hospitals considered part of the overall illegal strategy.
3. Prosecutor v. Bosco Ntaganda (ICC – 2019)
Court: International Criminal Court (ICC)
Case Summary:
Ntaganda was a senior commander in the Forces Patriotiques pour la Libération du Congo (FPLC) in the Democratic Republic of the Congo.
He was charged with attacking civilian populations, including medical facilities during the 2002–2003 Ituri conflict.
Legal Findings:
The ICC found that Ntaganda’s forces engaged in widespread looting and destruction, including attacks on hospitals and health posts.
The Chamber held that such acts were not incidental but were committed deliberately, violating Article 8(2)(b)(ix) of the Rome Statute, which criminalizes attacks against hospitals.
Ntaganda was convicted on 18 counts of war crimes and crimes against humanity and sentenced to 30 years in prison.
4. Prosecutor v. Jean-Paul Akayesu (ICTR – 1998)
Court: International Criminal Tribunal for Rwanda (ICTR)
Case Summary:
Akayesu was the mayor of Taba commune in Rwanda during the 1994 genocide.
While the case is better known for being the first to recognize rape as a form of genocide, it also addressed the destruction of health facilities and denial of access to medical treatment to Tutsi victims.
Legal Findings:
Akayesu was found guilty of war crimes, crimes against humanity, and genocide.
The court considered the failure to protect medical centers and facilitate access to care for targeted groups as a component of genocidal intent.
Sentenced to life imprisonment.
Note: This case highlights indirect targeting, such as preventing medical access, which can also fall under war crimes.
5. Prosecutor v. Mladic (ICTY – 2017)
Court: ICTY
Case Summary:
Ratko Mladić was the military leader of the Bosnian Serb forces during the Bosnian War.
Like Galić and Karadžić, he was accused of orchestrating a systematic campaign of shelling and sniping in Sarajevo, targeting civilians and protected objects, including medical institutions.
Legal Findings:
The court found repeated and intentional attacks on hospitals, including direct shelling of Kosevo Hospital, despite its clearly marked medical status.
Mladic was convicted of genocide, war crimes, and crimes against humanity, and sentenced to life imprisonment.
Key Legal Principles Applied in These Cases:
Geneva Convention I & IV:
Medical facilities enjoy special protection.
Attacks on them are prohibited unless they are used outside their humanitarian function to commit acts harmful to the enemy.
Rome Statute – Article 8(2)(b)(ix):
Criminalizes intentionally directing attacks against hospitals and places where the sick and wounded are collected, provided they are not military objectives.
Customary International Humanitarian Law (IHL):
Even in non-international conflicts, attacking medical facilities is prohibited and constitutes a war crime.
Conclusion:
Targeting hospitals in armed conflict is universally condemned under IHL. The cases above demonstrate that international courts treat such violations with the utmost seriousness, often leading to life sentences or long-term imprisonment. These prosecutions also reinforce command responsibility — leaders can be held liable for failing to prevent or repress such crimes committed by their subordinates.
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