The Israeli army has concluded its probe into the 2024 drone strikes that killed seven humanitarian workers from the World Central Kitchen (WCK). The verdict? No criminal investigation is warranted. No explanation was provided. The decision not to pursue criminal responsibility for the attack was slammed by Western states as “shameful”. Canadian Foreign Minister Anita Anand called it “unacceptable”. The Australian government said it was “outraged”. The Polish foreign ministry declared it was “disappointed”.
If Western states are indeed dissatisfied with the outcome of the Israeli probe, then they should investigate the crime themselves. They have the institutional capacity and legal right to do so. Not pursuing an investigation would mean they accept Israeli impunity for the killing of their aid workers in Gaza.
Images taken in the wake of the drone strikes on the WCK convoy show a charred hole where Israeli missiles breached the roof of the organisation’s vehicles – right next to the organisation’s logo. The three cars in the WCK convoy were clearly marked and their movements across the Gaza strip were coordinated, in real time, with Israeli forces. Such precautions weren’t enough to protect the lives of Lalzawmi Frankcom (Australia, 43 years old), Damian Soból (Poland, 35), Saifeddin Issam Ayad Abutaha (Palestine, 25), Jacob Flickinger (dual citizen of the US and Canada, 33), or British citizens John Chapman (57), James Henderson (33) and James Kirby (47). They are among the over 1,000 humanitarian aid workers killed in Gaza since 2023.
The attack on the WCK convoy has the hallmarks of a potential war crime. Canada’s Anand intimated as much when she referred to the laws of armed conflict in stating that “Canada expects international humanitarian law to be upheld”. Importantly, even if the attack was conducted in error, as Israel has claimed, it may still constitute a war crime. Calling an attack a “tragic mistake” is not a magic wand that absolves perpetrators of responsibility. If those involved in the strikes were acting recklessly, with clear disregard for civilian life, they may be liable for war crimes under international law.
According to the head of the WCK, José Andrés, the seven aid workers “were killed by Israeli airstrikes [while] trying to feed hungry people they did not know. There was never any excuse for killing them. There will never be any excuse for killing them or any other humanitarian.” Still, the commander who ordered the strikes on the WCK convoy, Colonel Nochi Mendel, says he has no remorse: “I am not sorry for what I did.”
This is unsurprising. As Australia, the UK, and Canada noted in a joint statement: “The World Central Kitchen attack is one of countless incidents in Gaza where there has been no accountability.” A culture of impunity breeds under such conditions, one in which perpetrators do not fear the consequences of their actions. Indeed, it is almost certain that the IDF has calculated that however angry Western powers are over the decision not to pursue a criminal investigation, it is just hot air and won’t be met with action. Those powers should prove them wrong.
London, Canberra and Ottawa have stated they will “continue to seek answers” on behalf of the families of those slain in the WCK attack. But they should not waste their time seeking them from those who have clearly demonstrated no interest in holding those responsible for the WCK attack accountable. They should instead act themselves.
The UK, Canada and Australia have the legal authority, expertise, and resources to exercise jurisdiction over atrocity crimes committed in Gaza. They can do so by exercising what is called universal jurisdiction, which allows states to investigate and prosecute international crimes – war crimes, crimes against humanity, and genocide – even when committed abroad by foreigners against foreigners. In this instance, those killed include their own citizens. Their obligations and interest to pursue accountability is thus even more obvious.
So, what should happen next? Canada, the UK and Australia should announce a joint criminal investigation into suspected war crimes committed in the WCK attack. They can also invite other states to join in. Poland, for example, also has the legal ability to exercise universal jurisdiction. An investigation could be spearhead from Canada’s ‘structural investigation’ into international committed in what Canada’s federal police force calls the “Israel-Hamas conflict”.
Of course, just opening a criminal investigation does not mean that any anyone will be prosecuted. But it could provide the families of victims their best shot at seeking justice. It would be a sign that states are willing to dedicate resources to holding perpetrators accountable. Moreover, if warrants are ultimately issued by Canada, the UK, and Australia, and if any of the suspected perpetrators travel abroad, they could potentially be subject to extradition to one of the countries to be prosecuted.
The decision to dismiss a criminal investigation into the WCK attacks is indeed unacceptable. And those states whose citizens were killed must pursue their own criminal inquiry into the suspected war crimes committed against humanitarians in Gaza.
***************************************
A version of this article was first published at Al Jazeera.
Justice in Conflict 
Hereby link, to the summary of the investigation conducted by the IDF. I have translated it to English by using AI (opera), here:
April 5, 202426th of Adar II, 5784
Summary of the IDF General Staff Investigation into the Incident in which 7 Employees of the Humanitarian Organization WCK Were Killed during a Humanitarian Operation in the Gaza Strip
IDF Spokesperson:The investigation into the tragic incident in which seven employees of the humanitarian organization WCK were killed in the Gaza Strip as a result of fire from our forces, conducted by the General Staff investigation mechanism headed by Major General (Res.) Yoav Har-Even, was presented yesterday (Thursday) to the Chief of the General Staff, Lieutenant General Herzi Halevi.
The incident occurred on April 1, 2024, during an operation to transfer humanitarian aid by the WCK organization to the Gaza Strip. The investigation revealed that IDF forces identified one armed individual on one of the aid trucks, and subsequently believed there was an additional armed person. After the vehicles left the warehouse where the aid was unloaded, one of the commanders mistakenly believed that the armed individuals were in the escort vehicles and that they were Hamas militants. The forces did not identify the vehicles in question as belonging to the WCK organization. Due to this misidentification by the forces, they attacked the three WCK vehicles, based on the mistaken understanding that Hamas operatives were inside, resulting in the deaths of seven innocent humanitarian aid workers. The attack on the three vehicles was carried out in serious violation of orders and instructions related to the matter.
The investigation’s conclusions indicate that the incident could have been prevented. Nevertheless, the parties who authorized the attack were convinced that they were attacking armed Hamas militants and not WCK employees. The harm to the aid vehicles is a grave error, stemming from a serious failure caused by misidentification, decision-making errors, and an attack contrary to orders and rules of engagement.
Following the presentation of the investigation findings and in light of the severe consequences of the incident, the Chief of Staff decided to take the following command measures: against the commander of the divisional aid, an officer with the rank of Captain, dismissal proceedings will be initiated. Against the deputy commander of the brigade, a reservist officer with the rank of Colonel, dismissal proceedings will be initiated. Additionally, against the brigade commander and the commander of the 162nd Division, command reprimand processes will be initiated. Furthermore, the Chief of Staff decided to issue a command reprimand to the Southern Command commander due to his overall responsibility for the incident.
The IDF views with severity the tragic incident that claimed the lives of seven uninvolved and innocent humanitarian aid workers. We express our deep sorrow for the loss and share in the grief of the families and the WCK organization. We attach utmost importance to the vital humanitarian activities of international aid organizations and will continue to coordinate and assist their activities, while ensuring their security and safeguarding their lives.
The IDF reiterates its commitment to uncompromising combat against the Hamas organization, alongside maintaining the values of the IDF, the laws of war, and avoiding harm to innocent civilians. The IDF will learn the lessons of the incident and implement the necessary lessons for the future.
Here to the document in Hebrew:
https://idfanc.activetrail.biz/ANC05042024278978924
Thanks