Australia slams Israel's decision not to prosecute over aid worker's killing in Gaza

Australia has strongly criticised Israel's decision not to prosecute any military personnel over the killing of Australian aid worker Zomi Frankcom and six other humanitarian staff in Gaza in April 2024. Foreign Minister Penny Wong said the decision 'falls far short of the accountability we expect' and summoned the Israeli ambassador in response.

Frankcom, a veteran with the US-based charity World Central Kitchen (WCK), was among seven aid workers killed in an Israeli airstrike on their clearly marked convoy. The others included three British nationals, a Palestinian, a Pole, and a dual US-Canadian citizen. The deaths drew international outrage and intensified calls for restraint in the ongoing conflict.

In a statement on Thursday, Wong said the government had learned of Israel's decision late Wednesday, noting that it came on World Humanitarian Day. She described the outcome as 'especially insulting' given that the Israel Defence Forces (IDF) had acknowledged 'serious failures' in the attack, including mistaken identification and errors in decision-making.

'This decision falls far short of the accountability we expect,' Wong said, reaffirming that Australia would continue pressing Israel for justice for Frankcom and her colleagues. Her remarks represent one of the strongest censures of Israel by the Australian government since the war in Gaza began.

The IDF, in its announcement, said it would not pursue criminal charges over the deaths, citing 'serious failures' but concluding that the commanders' decisions 'did not raise reasonable suspicion of criminal misconduct.' It claimed that an armed guard in the convoy had not been flagged and was falsely identified as a Hamas fighter, and that the convoy deviated from its pre-agreed route.

World Central Kitchen rejected the IDF's reasoning, demanding an independent investigation. 'The military investigation conflates different timelines and events, muddies the story and shifts the blame for the IDF's illegal conduct,' the charity said. It added that the IDF had 'full visual clarity' on its vehicles and knew the team was unarmed and posed no threat.

Israel also declined to open criminal investigations into the deaths of four Médecins Sans Frontières (MSF) employees killed in two separate attacks in Gaza in November 2023 and February 2024. The decisions drew further criticism from humanitarian groups, who argue that the Israeli military cannot credibly investigate its own conduct.

Israeli Ambassador Hillel Newman, after meeting Wong, expressed deep sorrow for the families but said he could not apologise over the deaths as that would have 'legal ramifications.' He maintained that there was no intention to kill innocent civilians.

An independent review by former Australian Defence Force chief Mark Binskin, released in August 2024, found 'serious failures' in IDF procedures led to the killing of Frankcom and her colleagues. The IDF had previously described the attack on the aid convoy as a 'grave mistake.'

In a separate development, the IDF announced a criminal investigation into the killing of five-year-old Palestinian girl Hind Rajab in Gaza in 2024, an ambulance sent to rescue her was also shelled, killing two paramedics. The contrast has raised further questions about the consistency of Israel's accountability processes.

The Australian government has reiterated its commitment to seeking justice for its citizens and upholding international humanitarian law. Wong emphasised that the outcome of Israel's internal review does not meet the standards expected of a democratic state. 'We will continue to press Israel for answers and for accountability,' she said.