THE ISRAELI MILITARY “failed to take all feasible precautions to avoid or minimise harm to civilians” when carrying out two attacks on a camp for displaced Palestinians in Rafah, Southern Gaza, in May, an investigation by Amnesty International has concluded.
The humanitarian organisation has called for a separate war crime investigation to be launched by the International Criminal Court following the conclusions by the independent probe.
Two incidents at the Kuwaiti Peace Camp on 26 and 28 May, widely condemned at the time, were the subjects of the Amnesty International investigation.
On 26 May, following intercepted attacks by Hamas on Tel Aviv that afternoon, Israel dropped two bombs on the Kuwaiti Peace Camp, located in Rafah’s humanitarian zone.
Based on fieldwork by Amnesty International, the probe found two US-made GBU-39 bombs were used during the attack. A total of 36 civilians were killed – including six children – and more than 100 people were injured as a result of the attack, the investigation said.
Israel, on 28 May, launched three tank shells on the camp for Palestinians who had been displaced as a result of the ongoing conflict in the region.
The attack on the camp, located in the al-Mawasi area of Rafah, killed 23 civilians including 12 children, seven women and four men, the investigation said. The site was also located inside of the humanitarian zone.
As well as widespread international condemnation from political leaders and other activists, the attack acted as a significant turning point in the public’s perception of the current conflict, sparked by the 7 October attack by Hamas militants on Israel.
Amnesty International confirmed that Hamas militants had been operating in the camp but were unsuccessful in its investigation to determine the reason behind why the militia were present at the site.
Israel said it had evidence that weapons and other devices, that were being used to fight against Israeli soldiers, were at the site. Amnesty International confirmed a number of Hamas militants had been killed and injured as a result of the attack.
The investigation ruled Hamas’ presence was “knowingly endangering the lives of civilians” at the camp. The advocacy group added that the Israeli attack was “likely indiscriminate”.
Amnesty International reiterated that “all parties should have taken all feasible precautions to protect civilians and civilian objects”.
“While these strikes may have targeted Hamas and Islamic Jihad commanders and fighters, once again displaced Palestinian civilians seeking shelter and safety have paid with their lives,” said Erika Guevara-Rosas, Amnesty International’s Senior Director for Research, Advocacy, Policy and Campaigns.
She claims that the Israeli military were “fully aware” of the large civilian population located at the camp and of the damage that an attack of such magnitude would have had at the location.
“The avoidable deaths and injuries of civilians is a stark and tragic reminder that, under international humanitarian law, the presence of fighters in the targeted area does not absolve the Israeli military of its obligations to protect civilians,” she added.
As part of the investigation, Amnesty International contacted both Israeli and Hamas authorities regarding the incidents and did not receive any replies.
Amnesty International has said that the Israeli military, Hamas and other Palestinian militia groups must adhere to international humanitarian law.
This includes the avoidance of indiscriminate attacks on areas where a large number of civilians are present and the use of civilians or civilian-populated areas as ‘human shields’.
“Parties must also take all feasible precautions to protect civilians and civilian objects under their control against the effects of attacks,” it adds.
21-year-old Lina al-Attar, a Palestinian woman who was present and injured during the attack at the Kuwaiti Peace Camp, recounted her memory of the event to the Amnesty International investigation.
“My mum was dead. My father was screaming for help. My brother’s wife was killed on the spot where she was sitting holding her baby in her arms,” she said.
“I took her baby and gave him to my father. Then I took my little girl from my husband’s lap as he was injured. We managed to save ourselves, but there were so many people dead all around us,” she added.
A large fire, which started after the shelling on 26 May, engulfed the camp. The investigation determined that the blaze began as a result of cooking equipment located at the site of the strike.
Another resident, who was approximately 30 metres away from the bomb site, said: “I saw people burning. We have lived through bombardment, but I’d never seen anything like that.
“We were looking for safety, we just want to live, and now we are lost again.”
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