제네바 협약 제 3장 19조-


Article 19 

Fixed establishments and mobile medical units of the Medical Service may in no circumstances be attacked, but shall at all times be respected and protected by the Parties to the conflict. Should they fall into the hands of the adverse Party, their personnel shall be free to pursue their duties, as long as the capturing Power has not itself ensured the necessary care of the wounded and sick found in such establishments and units. The responsible authorities shall ensure that the said medical establishments and units are, as far as possible, situated in such a manner that attacks against military objectives cannot imperil their safety. 


하마스는 여기서 군과 관련된 설비를 가능한 한 떨어지게 설치할 의무를 위반했기에 문제가 되는 것. 


해당 부분에 딱 해당되는게 3장 19조의 단서조항인 3장 제22조임. 


Article 22 

The following conditions shall not be considered as depriving a medical unit or establishment of the protection guaranteed by Article 19: 


1. That the personnel of the unit or establishment are armed, and that they use the arms in their own defence, or in that of the wounded and sick in their charge. 


2. That in the absence of armed orderlies, the unit or establishment is protected by a picket or by sentries or by an escort. 


3. That small arms and ammunition taken from the wounded and sick and not yet handed to the proper service, are found in the unit or establishment. 


4. That personnel and material of the veterinary service are found in the unit or establishment, without forming an integral part thereof. 


5. That the humanitarian activities of medical units and establishments or of their personnel extend to the care of civilian wounded or sick. 


한마디로 제네바 협약에서는 '병원시설의 무장'시 그걸 병원시설로 간주하지 않고 시설측의 책임이라고 규정하고 있기 때문에 이스라엘의 병원폭격은 도의적으로 문제가 생길지언정 직접적으로 제네바 협약을 어기는건 아님.