War crimes, sexual assault and medical confidentiality in Israel

Abstract

<p>Hamas militants have raped and mutilated the bodies of dozens of men and women in Israel during their attack and captivity in Gaza. The exact extent of these atrocities, however, is unknown. For reasons of this sort and others, prosecuting sexual abusers during armed conflicts is notoriously difficult. In an attempt to make a legal case against Hamas militants, the Israeli authorities have recently ordered civilian hospitals to breach medical confidentiality and report unidentified data of patients who have suffered bodily mutilation and sexual abuse during the Hamas attack or during captivity in Gaza. Patients were not informed about this policy. This article first establishes a case for why medical confidentiality is such an important existential and normative value. In this light, it then argues that the Israeli policy is morally unjustified.<br></p>