Pakistan Strikes Kabul Hospital: Will It Be Treated As War Crime? Explained

Last Updated:March 17, 2026, 17:52 IST

Pakistan Strikes Kabul Hospital: Have medical facilities been struck durings wars in the past? Is it treated as war crime? News18 explains

On March 16, a massive air strike targeted a 2,000-bed drug rehabilitation centre, Omid Hospital, in Kabul. Taliban officials claim at least 400 people were killed and 250 injured. While Pakistan denied hitting a health facility, claiming it targeted “terrorist support infrastructure", witnesses and international media reported the building was reduced to a “blazing ruin".

Is bombing a hospital, even during a war, a crime? News18 explains.

THE AFGHANISTAN-PAKISTAN CLASH

The hospital escalation comes amid heightened tensions between Islamabad and the Taliban-led administration in Kabul over cross-border security concerns along the Durand Line, the border drawn by the British in the 19th century, which has remained a topic of dispute between the two countries.

• October 12, 2025: Dozens of fighters were killed in overnight border clashes between Pakistan and Afghanistan, in the most serious fighting between the neighbours since the Taliban came to power in Kabul.
• October 19: The neighbours agreed to an immediate ceasefire after talks mediated by Qatar and Turkey, and agreed to follow-up meetings to ensure the sustainability of the ceasefire.
• October 28: Peace talks failed after both sides could not find common ground in the second round of talks brokered by Qatar and Turkey.
• November 25: Nine children and a woman were killed in Pakistani air strikes in three eastern provinces, which the Afghan Taliban vowed to respond to.
• December 3: A new round of peace talks in Saudi Arabia failed to produce a breakthrough. The talks, hosted by Qatar, Turkey and Saudi Arabia, included representatives from Pakistan’s military, intelligence services and foreign office.
• February 27, 2026: Pakistani air strikes hit 22 Afghan military targets, Pakistan’s military spokesperson said, adding that at least 12 Pakistani soldiers were killed and 274 Taliban officials and militants were killed over 24 hours.
• March 3: Pakistani and Afghan troops clashed at multiple points along their expansive border. The United Nations mission for Afghanistan warned that 42 civilians had been killed over six days.
• March 12: Chinese mediation efforts, including a message from President Xi Jinping, have helped ease tensions between the two nations, Reuters reported. A meeting between the Chinese ambassador to Pakistan, Jiang Zaidong, and Prime Minister Shehbaz Sharif late in February included a message from Chinese premier Xi Jinping to cease hostilities.
• March 13: Pakistan bombed the fuel depot of private airline Kam Air near Afghanistan’s Kandahar airport, the ruling Taliban said, along with strikes on residential areas in Kabul, killing four people and wounding more than a dozen.

RECENT STRIKES ON HOSPITALS ACROSS THE WORLD AMID WAR

US-Israel-Iran conflict

A major conflict involving the United States, Israel, and Iran has seen numerous reports of strikes on medical infrastructure. On March 1-2, the Gandhi Hospital in Tehran was hit and severely damaged by air strikes. Reports indicate its IVF department was destroyed, and patients, including infants in incubators, had to be evacuated. The World Health Organization (WHO) verified at least 18 attacks on healthcare sites in Iran as of mid-March. Reports mention damage to the Aboozar Children’s Hospital in Ahvaz and medical centers in Hamadan, East Azerbaijan, and Sistan-Baluchistan, according to Al Jazeera.

Gaza Strip

On March 8, 2026, an MSF (Doctors Without Borders) field hospital in Deir El Balah received casualties from nearby Israeli airstrikes despite an active ceasefire agreement. The WHO reports that only 21 of Gaza’s 36 hospitals remain partially functional due to years of ongoing conflict.

Ukraine

The WHO noted a 20% increase in attacks on healthcare infrastructure through late 2025 and into 2026, with over 2,000 strikes recorded since the start of the full-scale invasion.

Nigeria

On March 16, 2026, the University of Maiduguri Teaching Hospital was hit by suspected suicide bombings, part of localized conflict in the country’s northeast.

Sudan

Humanitarian organizations like MSF continue to report that the health system has effectively collapsed due to repeated attacks on medical facilities during the country’s three-year civil war.

HAVE SUCH INCIDENTS OCCURRED IN THE PAST?

Vietnam War (1965): US planes repeatedly bombed the Quynh Lap leprosarium, the country’s largest leprosy research center, despite it being clearly marked with Red Cross symbols.

Siege of Sarajevo (1992–1995): The Koševo Hospital was shelled 172 times by Bosnian Serb forces. This led to one of the few successful prosecutions, where General Stanislav Galić was sentenced to life imprisonment for terrorizing the population, though not specifically for the hospital attacks.

Second Chechen War (1999–2000): Over 24 medical facilities were confirmed as intentionally destroyed.

Kosovo (1998–1999): Investigations by Physicians for Human Rights confirmed the intentional destruction of at least 100 clinics.

IS HOSPITAL BOMBING TREATED AS A WAR CRIME?

While bombing a hospital is indeed a war crime under international law, it continues to occur primarily because of legal “loopholes" that belligerents exploit and a global enforcement system that often lacks the power to hold high-level leaders accountable.

Despite the Geneva Conventions (Article 18) granting hospitals “special protection", this immunity is not absolute.

Under Article 19 of the ‘Acts Harmful to the Enemy’ clause, a hospital loses its protected status if it is used to commit acts “harmful to the enemy".

This includes using the facility to:

Store weapons or ammunition.

Shelter able-bodied fighters or fugitives.

Serve as a military command center or observation post.

Attackers often claim a hospital has become a legitimate military target due to these activities. While they are legally required to give a warning and a “reasonable time limit" for evacuation before striking, these warnings are often disputed or deemed insufficient in the “fog of war".

In some conflicts, medical facilities are targeted deliberately to destroy the civilian population’s last refuge and psychological sense of safety.

WHY NO JAIL?

The lack of “jail time" for these acts stems from several structural and political barriers to justice. The International Criminal Court (ICC) can only prosecute if the country where the crime happened is a member of the court or if the UN Security Council refers the case. Powerful nations that are not members can effectively block their citizens or allies from being tried, according to reports.

To secure a conviction, prosecutors must prove “clear intent" and motive. Attackers frequently use the “collateral damage" defense, arguing the hospital was not the intended target or was hit by mistake while targeting nearby military objectives.

International law relies heavily on nations to regulate themselves or their own militaries. If a state refuses to cooperate or prosecute its own personnel, there is no “international police force" that can forcibly arrest top leaders.

High-level officials often enjoy diplomatic protection, and the countries with the most military power are frequently the ones least likely to face international legal consequences.

With PTI, agency inputs

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