Urgent Call to Action for Gaza - Women in Healthcare, Democracy Defenders, and Women in Legal

Assalamualikum,

Peace be upon you,

Dear Women in Healthcare, Democracy Defenders, and Women in Legal,

Three years ago, amid the global pandemic, I penned an article on LinkedIn, celebrating the exceptional resilience, empathy, and scientific acumen demonstrated by women leaders across the world. Today, I humbly address this urgent letter to you all, calling for a critical voice of action for Gaza City. Once again, we must rally the support of female heads of state, women in healthcare, women in the legal field, democracy defenders, women in journalism, and minorities to unite in a strategic and decisive voice of action for the people of Gaza.

1. Breaking the Silence: Advocacy and Accountability for Attacks on Hospitals and Violations of International Humanitarian Law (IHL)

At the heart of the Hippocratic Oath lies the fundamental principle, "First, Do No Harm." Shockingly, a group of Israeli doctors recently released a statement advocating for the bombing of Al-Shifa Hospital in the besieged Gaza Strip, claiming it as a base for "armed Palestinian groups." This outrage cannot be ignored. The very essence of humanity, morality, and international law is at stake.

I beseech the women in healthcare to condemn this call for destruction. The physicians who signed this letter not only disregard international law but also fail to meet the minimum requirement of offering warnings and taking precautions to reduce civilian casualties when responding to threats in hospital settings. Their words are a blatant call for the destruction of a vital healthcare facility.

When hospitals are damaged or destroyed during armed conflict, the loss extends beyond physical structures. Safe spaces disappear, health outcomes deteriorate, and trust in health institutions is eroded. Despite the legal protections under international humanitarian law (IHL), attacks on hospitals remain a recurring nightmare in armed conflicts.

The need for public advocacy campaigns, investigations, and national and international authorities to collaborate in promoting greater accountability for violations of IHL is paramount.

2. Demanding an End to Impunity: Fighting Threats to Free Speech

To our Democracy Defenders, I call upon you to condemn the targeted killings of journalists in Palestine. Journalists on the ground in Gaza, reporting on the daily horrors of the war, face the harrowing possibility of losing their lives or their families. An initial investigation by Reporters Without Borders found that these attacks are not accidental but deliberate strikes from the Israeli border.

As of Friday, 32 journalists and media workers, including 31 Palestinians, and one Lebanese, have been killed since October 7, according to the Committee to Protect Journalists. The scale, seriousness, and recurring nature of these international crimes targeting journalists, particularly in Gaza, necessitate an immediate priority investigation by the ICC prosecutor.

We have been calling for this since 2018, and the current tragic events underscore the extreme urgency of ICC action. War crimes complaints related to eight Palestinian journalists killed in bombardments of civilian areas in Gaza by Israel need to proceed to the ICC. These attacks, even if they were aimed at legitimate military targets, caused manifestly excessive and disproportionate harm to civilians, constituting war crimes under Article 8.2.b. of the Rome Statute.

3. Waging Justice Through Accountability

Genocide, crimes against humanity, and war crimes are being committed in Gaza with impunity. I implore all women in the legal profession to shift this dynamic by pursuing the perpetrators and accomplices of these mass atrocities through ICC courts.

Through field investigations, open-source analysis, strategic litigation, and advocacy, we can wage justice for the people of Gaza. It is imperative to start gathering evidence of war crimes and crimes against humanity, triggering criminal prosecutions and delivering justice to the people of Gaza.

Our focus should include patterns of violations such as:

• Attacks with the use of explosive weapons, cluster munitions, thermobaric weapons, and other indiscriminate means of warfare when used in densely populated areas.
• Violations by Israeli ground forces, including executions, enforced disappearances, and torture.
• Sieges of towns in Gaza.

Recognizing that Malaysia is not a participant in the Rome Statute, we understand that our voice may not carry the same legal weight, and this emphasizes the need for international support in advocating for legal consequences.

The time to act is now, and the urgency is undeniable. We cannot stand idly by while these atrocities continue without legal consequences. Let us unite and raise our voices for the people of Gaza.

In solidarity,

Aina Azami Elshenhab

Kuala Lumpur, Malaysia

7/11/2023