Israel used 230 kg bomb in Gaza café strike killing 24; experts say may constitute war crime

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The use of heavy munition in an area known to be filled with unprotected civilians, including children, women, and the elderly, was likely unlawful and could amount to a war crime, according to report, citing experts read more
Palestinians check an area of a cafe that was damaged in an Israeli strike in Gaza City on Monday. AP
The Israeli military used a 500lb (230kg) bomb, a powerful and wide-impact weapon, in a strike on a crowded beachfront café in Gaza on Monday, according to The Guardian report, citing evidence reviewed by news outlet.
The use of such munition in an area known to be filled with unprotected civilians, including children, women, and the elderly, was likely unlawful and could amount to a war crime, added the report, citing international law experts.
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According to the report, ordnance experts have identified weapon fragments found in the ruins of al-Baqa café as parts of a US-made MK-82 general-purpose 230kg bomb, commonly used in airstrikes over recent decades.
The large crater at the scene further supports the use of a powerful bomb like the MK-82, added the report, citing two ordnance specialists.
An Israel Defence Forces (IDF) spokesperson said the strike is under review, adding that 'steps were taken to mitigate the risk of harming civilians using aerial surveillance' prior to the attack.
The cafe strike killed 24 to 36 Palestinians, with dozens injured, according to medical and other officials.
The dead included a prominent filmmaker, an artist, a 35-year-old housewife, and a four-year-old child. Among the wounded were a 14-year-old boy and a 12-year-old girl.
Under international law, attacks causing civilian deaths must not be excessive in relation to the anticipated military advantage. While interpretation varies, experts say only a target of major strategic value could justify such high civilian casualties, reported The Guardian.
The café had two levels — an open upper deck and a lower floor with large beach-facing windows — and was in a location clearly visible from the air.
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'The Israeli military hasn't said exactly whom it was targeting but it said it used aerial surveillance to minimise civilian casualties, which means it knew the cafe was teeming with customers at the time," The Guardian quoted Gerry Simpson, of Human Rights Watch, as saying.
'The military would also have known that using a large guided air-dropped bomb would kill and maim many of the civilians there. The use of such a large weapon in an obviously crowded cafe risks that this was an unlawful disproportionate or indiscriminate attack and should be investigated as a war crime,' Simpson added.
Dr Andrew Forde, an assistant professor of human rights law at Dublin City University, said the strike was shocking.
'When you see a situation where there are heavy munitions being used, particularly [in a] crowded civilian space, even with the best targeting in the world … that will necessarily create an indiscriminate outcome that is not in compliance with … the Geneva conventions,' he told The Guardian.
Founded nearly 40 years ago, the family-run al-Baqa café was a popular spot for young people and families in Gaza City.
Despite widespread malnutrition and looming famine in Gaza, some residents with savings or salaries still frequent the few cafés that remain open.
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Al-Baqa was located in Gaza's port area, which was not covered by any Israeli evacuation orders ahead of the strike.
Israel has access to a wide range of munitions and has often used smaller, precision-guided weapons in targeted strikes across Gaza, Lebanon, and more recently Iran.
In a prior statement, the IDF said that even the most sophisticated measures employed to assess civilian harm were hardly ever perfect and that its choice of munitions was 'a professional matter contingent on the nature of the strike's objective'.
'While some targets are suitable for smaller payloads, others may require heavier munitions to achieve mission success – for example, when intending to destroy structures that are built with certain hard materials, large structures, or underground tunnel,' the statement read.
On Tuesday, an Israeli government spokesperson said the IDF 'never, ever targets civilians.'
Israel has repeatedly accused Hamas of using civilians as human shields — a claim Hamas denies.
With inputs from agencies
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