Fresh Air

Media reporting on a recent UN commission report has focused on the destruction of frozen embryos at an IVF clinic in Gaza. The UN and media imply that Israel intended to destroy the embryos. However, evidence does not support this.

Al-Basma Fertility clinic is in Zeitoun, a neighbourhood of Gaza City. It temporarily closed in November 2023, due to the war.

The building was damaged by a single shell in December 2023. That shell destroyed the centre’s frozen embryos. (The lids of five liquid nitrogen tanks stored in a corner of the embryology unit were lifted off in the blast and the nitrogen therein evaporated.)

At the time, shelling in the surrounding area was also occurring.

Al-Basma’s chief embryologist and IVF lab director said in April 2024, “We don’t know if this was a deliberate targeting or not”. Similarly, the clinic’s founder, Bahaeldeen Ghalayini said he did not know whether the mortar hit had targeted the lab or not.

It is also of note that, in December 2023, Islamic Jihad said it targeted Israeli forces in Zeitoun with mortars. Also, a Tehran Times article claimed that Hamas fighters had targeted an Israeli troop carrier in Zeitoun with al-Yassin 105 shells. (Al-Yassin 105 is an anti-armour missile developed by Hamas)

Some points:

• If Israel’s intention was to destroy the IVF centre, it would have levelled it, rather than been satisfied with a single shell that might or might not have destroyed the frozen embryos.
• That shelling was occurring in the vicinity is evidence that Israel’s objective was not to target the clinic, but that it was an errant shell.
• There was significant fighting in Zeitoun in December 2023.
• War crimes are measured by intent, not effect. If Israel intended to target the clinic (and there were no combatants using it for military purposes), that would have been a war crime. If the clinic was unintentionally hit by Israel, that would not have been a war crime.
• There are nine IVF clinics in Gaza. If all of these had been purposefully destroyed in the fighting, that would be evidence of an intention to commit genocide. However, the UN report only mentions one IVF clinic.