Claims regarding the presence of Hamas fighters in Gaza’s hospitals have been “grossly exaggerated,” according to Andrew Cayley, a senior prosecutor at the International Criminal Court (ICC). Cayley, who is leading the ICC’s investigation into war crimes in Palestine, raised questions about the reliability of reports used to justify Israeli military strikes on healthcare facilities in the besieged Gaza Strip.
Speaking at an event last week, Cayley said that the ICC’s investigation was facing challenges in verifying claims of Hamas activity within hospitals, which have been cited as grounds for Israeli attacks. He remarked, “Clearly there are lies being spoken, but that is really something we do need to get to the bottom of as a prosecution office.” The prosecutor expressed his belief that these claims had been “grossly exaggerated,” though he acknowledged the importance of gathering clear evidence on the matter.
The investigation, led by Cayley, was initiated in 2021 but gained significant momentum after Hamas’s October 7 attacks and Israel’s subsequent bombardment of Gaza. The ICC has since launched inquiries into potential war crimes committed by both Israeli forces and Palestinian militants, including Hamas. Arrest warrants were issued last month for Israeli Prime Minister Benjamin Netanyahu, former Defence Minister Yoav Gallant, and Hamas’s military leader, Mohammed Deif, all under suspicion of involvement in war crimes. The investigation has also broadened to include allegations of destruction of health facilities.
Cayley’s comments shed light on the challenges of verifying allegations in such a politically charged and heavily monitored conflict. The World Health Organization (WHO) has reported that of the 35 hospitals in Gaza, only 17 are “partially functioning,” with five fully damaged and 13 non-operational due to ongoing strikes. The Israeli Defense Forces (IDF) have consistently justified their operations against medical facilities by claiming that Hamas militants are using them for military purposes, including as shelters for fighters and storage for arms.
In response to these claims, Cayley emphasised the difficulty in assessing the scale of Hamas’s presence in healthcare facilities, stating, “I think we’ve been misled about that in the press.” While the ICC investigates, Cayley said that his team is working with advanced satellite imagery to gather evidence on the extent of damage to hospitals and to verify whether medical facilities were used for military purposes. However, he cautioned that the process would take time due to limited resources, with the investigation expected to progress into next year.
Cayley also addressed the broader collapse of Gaza’s healthcare system, which has been severely affected by Israel’s airstrikes and blockades. “Airstrikes, sieges, raids on hospitals…lack of fuel, electricity, food, medicine,” Cayley outlined, explaining that the combination of these factors has led to the near-total breakdown of the health infrastructure. He stressed that hospitals and medical personnel are protected under international humanitarian law, though these protections may be waived in certain cases where facilities are used for combat activities.
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The IDF has repeatedly defended its actions, claiming that Hamas has deliberately used medical facilities to further its military goals. An IDF spokesperson reiterated this position, saying that Hamas has “methodically abused the protection of medical facilities” by embedding weapons and tunnels within them. The spokesperson added that the IDF strives to minimise harm to medical facilities but maintains that Hamas continues to operate in areas that are supposed to be off-limits for military activity.
Cayley, who previously served as the UK’s chief military prosecutor, stressed the importance of clarity and transparency in the investigation. His office continues to gather testimony from medical personnel who have worked in Gaza, as well as analysing satellite imagery to assess the destruction caused by Israeli airstrikes. Investigators are particularly focused on verifying whether hospitals were indeed used by Hamas as military sites, which would justify Israel’s attacks under international law.
As the ICC investigation continues, the international community remains divided over the conflict in Gaza, with numerous calls for accountability from both sides. Cayley’s remarks have raised questions about the narrative used to justify military actions in Gaza, particularly concerning the protection of civilians and medical facilities. The ongoing investigation promises to shed further light on the complex and contentious dynamics of the conflict.
