Source: Amnesty International –
- New investigation reveals Israeli forces failed to take all feasible precautions to spare civilians in attacks
- Israeli air strikes on Rafah IDP camp on 26 May used US-made weapons
- Tank shells fired at IDP camp in “humanitarian zone” killed 23 civilians
- Civilians endangered by presence of Hamas and Islamic Jihad commanders and fighters at camps for internally displaced people
A new investigation by Amnesty International reveals Israeli forces failed to take all feasible precautions to avoid or minimise harm to civilians sheltering at camps for internally displaced people while carrying out two attacks targeting Hamas and Islamic Jihad commanders and fighters in the south of the occupied Gaza Strip in May. These attacks likely were indiscriminate, and one attack likely also disproportionate. Both attacks should be investigated as war crimes.
On 26 May 2024, two Israeli air strikes on the Kuwaiti Peace Camp, a makeshift camp for internally displaced people (IDP) in Tal al-Sultan in west Rafah, killed at least 36 people – including six children – and injured more than 100. At least four of those killed were fighters. The air strikes, which targeted two Hamas commanders staying amid displaced civilians, consisted of two US-made GBU-39 guided bombs. The use of these munitions, which project deadly fragments over a wide area, in a camp housing civilians in overcrowded temporary shelters likely constituted a disproportionate and indiscriminate attack, and should be investigated as a war crime.
On 28 May, in the second incident investigated, the Israeli military fired at least three tank shells at a location in the al-Mawasi area of Rafah which was designated by the Israeli military as a “humanitarian zone”. The strikes killed 23 civilians – including 12 children, seven women and four men – and injured many more. Amnesty International’s research found that the apparent targets of the attack were one Hamas and one Islamic Jihad fighter. This strike, which failed to distinguish between civilians and military objectives by using unguided munitions in an area full of civilians sheltering in tents, likely was indiscriminate and should be investigated as a war crime.
Once again displaced Palestinian civilians seeking shelter and safety have paid with their lives
Erika Guevara-Rosas, Amnesty International’s Senior Director for Research, Advocacy, Policy and Campaigns
Hamas and Islamic Jihad fighters were located in the IDP camp, a location which displaced people believed was a designated “humanitarian zone,” knowingly endangering the lives of civilians. Their choice of location in both IDP camps likely violated the obligation to avoid, to the extent feasible, locating fighters in densely populated areas. Amnesty International has no information regarding the reason or motivations for their presence, but all parties to the conflict 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.
“The Israeli military would have been fully aware that the use of bombs that project deadly shrapnel across hundreds of metres and unguided tank shells would kill and injure a large number of civilians sheltering in overcrowded settings lacking protection. The military could and should have taken all feasible precautions to avoid, or at least minimise, harm to civilians.
“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.
“All parties to the conflict must take all feasible precautions to protect civilians. This also includes the obligation of Hamas and other armed groups to avoid, to the extent feasible, locating military objectives and fighters in or near densely populated areas.”
Amnesty International interviewed 14 survivors and witnesses, surveyed the locations of the attacks, visited a hospital in Khan Younis where the wounded were receiving treatment, photographed remnants of the munitions used in the attacks for identification, and examined satellite imagery of the locations. The organization also reviewed relevant statements by the Israeli military regarding the attacks.
On 24 June 2024, Amnesty International sent questions regarding the two incidents of attacks to the Israeli authorities. On 5 July 2024, Amnesty International also sent questions to the Chief Public Prosecutor and Ministry of Justice officials in the de facto Hamas administration, asking about the presence of commanders and fighters in these civilian areas. At the time of publication, no responses had been received.
