Israeli soldiers inspect the Al Shifa hospital complex, amid their ground operation against Palestinian terrorist group Hamas, in Gaza City, Nov. 15, 2023 in this handout image. Photo: Israel Defense Forces/Handout via REUTERS

The Israel Defense Forces have come under criticism in recent days for firing on a convoy of ambulances in Gaza, killing 14, at least six of whom were (according to the IDF) Hamas terrorist combatants.

An early IDF statement that the ambulances had their lights off (and were therefore difficult to identify) appears to be contradicted by a video that was later published by The New York Times, drawing additional criticism.

In essence, Israel’s critics claim it was unreasonable (or perhaps even dishonest) of IDF soldiers to conclude that Hamas was using ambulances in combat, and consequently to open fire.

In truth it would be unreasonable for the IDF to conclude otherwise.

Hamas’s habitual and systematic use of ambulances in combat has been confirmed repeatedly over the years by multiple international sources including:

• The US National Security Council;
• Gaza’s ambulance drivers and hospital directors;
• Official statements by Palestinian Authority President Mahmoud Abbas;
• By Egyptian news investigations; and
• By Hamas itself, in intercepted communications.

This is in addition to a litany of evidence presented by Israeli sources over the years, including numerous photographs and videos.

In fact, one such video shows Hamas using ambulances to transport terror combatants as part of the massacre on October 7, 2023 — as reposted by the Economic Times.

Hamas’ habitual and systematic use of ambulances is so common that it begs an unavoidable question: how, exactly, is Israel meant to distinguish real medical vehicles from those that carry terrorist combatants? By magic? Perhaps ESP?

Such a distinction, is of course, impossible.

Which is exactly why international law withdraws protection from medical vehicles and personnel when they are engaged in combat.

Specifically, Article 13 of Additional Protocol I to Geneva Convention IV states, “The protection to which medical units and transports are entitled shall not cease unless they are used to commit hostile acts, outside their humanitarian function.” [emphasis added].

In other words, if any terrorist combatants were embedded within the ambulance convoy, then the entire convoy, including any medical personnel, are defined by international law, as hostile combatants.

Some critics have already begun to insist that Israel should not have fired until after obtaining clear evidence that these specific ambulances contained terror combatants. Others will point to a technical requirement in Article 13 that a warning is necessary before firing on an ambulance: an ideal that may not always be possible in an active combat scenario.

Indeed, in this case, early IDF reports indicated that military drones identified the vehicles approaching IDF soldiers in a “suspicious manner.” In a battlefield situation, where ambulances are routinely used as combat vehicles, this presents an incredibly dangerous scenario, one where hesitating to take action can be deadly.

To be clear, Hamas’ weaponization of its healthcare system, including hospitals and ambulances, creates tragic consequences for all: in particular for Palestinians. However, the solution cannot possibly be to endanger the lives of IDF soldiers and Israeli civilians by allowing Hamas to succeed in this inhumane strategy. Aside from being a senseless and immoral approach, such a response also contravenes international law.

Israel has an ongoing investigation into the incident, and is expected upon its completion to release the findings, including names of the specific terror combatants who were embedded among Gaza’s medical personnel. The IDF has already rejected claims by Hamas that medical personnel were “executed,” that they were “handcuffed,” and that they were “buried in a mass grave.”

Until Israel’s investigation is completed, it is worth remembering that Hamas is on the same international terror lists as ISIS and Al Qaeda: organizations whom the world has never trusted for reliable information, and for good reason. Responsible countries vigorously investigate themselves and their militaries when a need arises, as Israel is doing now. Such investigations, when properly conducted, take time: certainly more time than it takes for a terror organization’s propaganda arm to release a PR statement.

In the meantime, only one thing is certain from years of evidence: that Hamas violates both international law, and all codes of basic human morality, by habitually using ambulances, hospitals, and medical staff as weapons of war.

Daniel Pomerantz is the CEO of RealityCheck, an organization dedicated to deepening public conversation through robust research studies and public speaking.