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The human rights group said Israeli forces "failed to distinguish between civilians and military objectives by using unguided munitions in an area full of civilians sheltering in tents."
In an investigation focusing on a pair of Israeli massacres of forcibly displaced Palestinians in Gaza, Amnesty International on Monday urged the International Criminal Court—whose chief prosecutor has already applied for warrants to arrest Israeli and Hamas leaders—to open a war crimes probe of the attacks, which it said were likely "indiscriminate" and "disproportionate."
"On May 26, 2024, two Israeli airstrikes on the Kuwaiti Peace Camp, a makeshift camp for internally displaced people in Tal al-Sultan in west Rafah, killed at least 36 people—including six children—and injured more than 100," noted Amnesty, which early in the assault on Gaza found "damning evidence" of Israeli war crimes including indiscriminate killing of civilians.
The Tal al-Sultan attack, which hit an Israeli-designated "safe zone," ignited an inferno that burned people alive inside the tents in which they were sheltering. One survivor told Amnesty that "there were so many dead people all around us," many of them "in pieces and in pools of blood."
"The military could and should have taken all feasible precautions to avoid, or at least minimize, harm to civilians."
The Amnesty report states that the airstrikes, "which targeted two Hamas commanders staying amid displaced civilians, consisted of two U.S.-made GBU-39 guided bombs" and that "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."
Israeli Prime Minister Benjamin Netanyahu called the Tal al-Sultan massacre a "tragic mistake."
"On May 28, 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,'" Amnesty continued. "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," the publication notes. "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."
Erika Guevara-Rosas, Amnesty International's senior director for research, advocacy, policy, and campaigns, said in a statement that "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."
"The Israeli military would have been fully aware that the use of bombs that project deadly shrapnel across hundreds of meters and unguided tank shells would kill and injure a large number of civilians sheltering in overcrowded settings lacking protection," she added. "The military could and should have taken all feasible precautions to avoid, or at least minimize, harm to civilians."
Israel—whose 325-day bombardment, invasion, and siege of Gaza has left more than 144,000 Palestinians dead, maimed, or missing and millions more suffering forced displacement, starvation, and disease—is currently on trial for genocide at the International Court of Justice (ICJ) in The Hague, Netherlands.
In January, the ICJ ordered Israel to "take all measures within its power" to uphold its obligations under Article II of the Genocide Convention. Israel's far-right government and military have been accused by human rights groups of ignoring the order.
As Israeli forces launched a major ground invasion of Rafah four months later, the ICJ issued another order for Israel to "immediately halt its military offensive" in the city, where around 1.5 million forcibly displaced and local Palestinian residents were sheltering. Instead of heeding the order, Israel ramped up its assault on Rafah.
At the International Criminal Court, Prosecutor Karim Khan is urging the tribunal to promptly act upon his May application for warrants to arrest Netanyahu, Israeli Defense Minister Yoav Gallant, and three Hamas leaders—at least one of whom, political chief Ismail Haniyeh, was subsequently assassinated by Israel.
Guevara-Rosas on Monday reminded Israel of its legal responsibility to protect noncombatants.
"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 said.
"All parties to the conflict must take all feasible precautions to protect civilians," Guevara-Rosas added. "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."
The new Amnesty report was published on the same day that Human Rights Watch called upon the ICC to investigate alleged and documented incidents of Israeli forces torturing imprisoned Palestinian medical workers, including at the notorious Sde Teiman prison, where guards are accused of war crimes including murder, rape, and torture.
Since October, the U.S. has sent Israel more than 20,000 heavy bombs, which have been used in some of the deadliest massacres in Gaza.
The Biden administration has ended a two-month pause on the shipment of 500-pound bombs to Israel despite the frequent use of U.S.-supplied weapons by Israeli forces to commit alleged war crimes and genocide in Gaza.
Citing an unnamed Biden administration official, The Wall Street Journalreported Wednesday that the bombs "are in the process of being shipped" to Israel and should arrive in the coming weeks.
In May, the Biden administration suspended transfers of 500- and 2,000-pound bombs manufactured by aerospace giant Boeing over fears the devastating munitions would be used in airstrikes on Rafah, the southern Gaza city where more than a million Palestinians had sought refuge.
By that time, Israel had already dropped hundreds of 2,000-pound bombs—which the U.S. military avoids using in civilian areas because they can destroy entire city blocks—on Gaza, including in an October 31 attack on the densely populated Jabalia refugee camp that killed more than 120 civilians.
"This is what U.S. funding and weapons do."
Last month, the United Nations Human Rights Office said Israel's use of 2,000-pound bombs and other U.S.-supplied weapons likely violated international law by deliberately targeting civilians in disproportionate attacks. Israeli military commanders have also been criticized for using artificial intelligence-based target selection to approve bombings they know will cause high civilian casualties.
The Biden official told the Journal that the pause on 2,000-pound bomb shipments will remain in effect.
"Our main concern had been and remains the potential use of 2,000-pound bombs in Rafah and elsewhere in Gaza," they said. "Because our concern was not about the 500-pound bombs, those are moving forward as part of the usual process."
But Israeli forces have killed many civilians with smaller bombs too. The New York Timesreported Wednesday that multiple weapons experts including a a former U.S. Army explosive ordnance disposal technician identified a fragment from a Boeing-made GBU-39 250-pound bomb used in Tuesday's attack on a refugee tent encampment outside the al-Awda school in southern Gaza that killed and wounded scores of civilians, including many women and children.
Palestinian and international agencies say Israel's 278-day Gaza assault and siege have left at least 137,500 Palestinians dead, maimed, or missing. Israel's conduct in the war is the subject of an International Court of Justice genocide case. International Criminal Court Prosecutor Karim Khan is also seeking to arrest Israeli Prime Minister Benjamin Netanyahu, Defense Minister Yoav Gallant, and three Hamas leaders for crimes including extermination.
Despite overwhelming evidence of Israeli war crimes, the Biden administration remains Israel's most steadfast supporter, providing billions of dollars in military aid, approving more than 100 arms shipments, and offering diplomatic cover in the form of United Nations Security Council vetoes and what critics call genocide denial.
Reutersreported last month that since October the U.S. has sent Israel 14,000 2,000-pound bombs, 6,500 500-pound bombs, 3,000 Hellfire missiles, 1,000 bunker-buster bombs, 2,600 air-dropped small-diameter bombs, and other munitions.
Citing the al-Awda massacre, Jewish Voice for Peace Action said Wednesday that "this is what U.S. funding and weapons do."
"Arms embargo NOW," the group added.
"No parent should have to dig through rubble or mass graves to try and find their child's body," said the Save the Children's regional director for the Middle East.
The humanitarian group Save the Children estimated Monday that around 21,000 kids are missing in the Gaza Strip as Israel's military continues its assault on the enclave, reducing much of the Palestinian territory to rubble.
Roughly 4,000 kids are likely buried under that debris, according to Save the Children, while at least 17,000 are unaccompanied, an "unknown number" are in mass graves, and others have been "detained and forcibly transferred out of Gaza, their whereabouts unknown to their families amidst reports of ill-treatment and torture."
A child protection specialist with Save the Children said that the group finds more unaccompanied children every day in Gaza, where parents and entire families have been wiped out by Israel's relentless bombing campaign and ground invasion.
"We work through partners to identify separated and unaccompanied children and trace their families, but there are no safe facilities for them—there is no safe place in Gaza," said the Save the Children specialist. "Besides, reuniting them with family members is difficult when ongoing hostilities restrict our access to communities, and constantly force families to move."
"Neighbors and extended family members who have taken in lone children are struggling to meet their basic needs, such as shelter, food, and water," they added. "Many are with strangers—or completely alone—increasing the risk of violence, abuse exploitation, and neglect."
"We desperately need a cease-fire to find and support the missing children who have survived, and to prevent more families from being destroyed."
More than 14,000 children have been killed by Israeli forces in the Gaza Strip since October 7, and many others have experienced devastating psychological and physical trauma, including the loss of limbs. Dozens of children have also been starved to death in recent months as Israel's blockade hinders the flow of lifesaving humanitarian assistance.
Conditions for children have further deteriorated since Israel's invasion of Rafah, which has forced roughly a million people to flee the city. Last month, Israeli forces used U.S.-made bombs in an attack on a Rafah camp sheltering displaced people, killing dozens—including women and children. The United Nations Human Rights Office said that infants were "torn apart" in the attack and people were "trapped inside burning plastic tents, leading to a horrific casualty toll."
Save the Children stressed Monday that its count of Gaza's missing kids is far from conclusive, given the difficulty of collecting accurate information in areas under near-constant attack. The group noted that "confirming identification of a body by the next of kin is almost impossible when whole families have been wiped out and entry restrictions mean the equipment and experts needed cannot get in."
Jeremy Stoner, Save the Children's regional director for the Middle East, said that "families are tortured by the uncertainty of the whereabouts of their loved ones."
"No parent should have to dig through rubble or mass graves to try and find their child's body. No child should be alone, unprotected in a war zone. No child should be detained or held hostage," said Stoner. "Children who are missing but living are vulnerable, face grave protection risks, and must be found. They must be protected and reunited with their families. For the children who have been killed, their deaths must be formally marked, their families informed, burial rites respected, and accountability sought."
"As many have pointed out, Gaza has become a graveyard for children, with thousands of others missing, their fates unknown," he added. "There must be an independent investigation and those responsible must be held accountable. We desperately need a cease-fire to find and support the missing children who have survived, and to prevent more families from being destroyed."