Public awaits Australian investigation into fatal World Central Kitchen strike

The Australian investigation was originally launched to assess Israel’s response to the Israel Defense Forces (IDF) strikes which killed Australian citizen Zomi Frankcom and six other World Central Kitchen (WCK) colleagues in Gaza on 1 April this year.

The assessment, undertaken by former chief of the Australian Defence Force (2014 to 2018) Air Chief Marshal (Ret’d) Mark Binskin acting as special adviser, is soon expected to be collated and delivered to government; however, it remains uncertain if the report will ever be publicly released.

The assessment is expected to provide clarity on IDF policies and procedures for operational incidents, the arrangements for the investigation of the incident, measures taken to hold those responsible to account and measures adopted to prevent such incidents happening again.

“First, I want to, again, say publicly … that our deepest sympathies go to Zomi Frankcom’s family and her loved ones. She was someone whose life was dedicated to the service of others,” said Minister for Foreign Affairs Senator Penny Wong, speaking to a Senate estimates committee meeting last month.

“We condemned the strike which killed not only the Australian, Ms Frankcom, but, I think, six of her World Central Kitchen colleagues. I made public statements about the death of any aid worker being both outrageous and unacceptable. We made clear to Israel, both publicly and by way of correspondence, our expectation of full accountability.

“I announced the appointment of retired Air Chief Marshal Mark Binskin, the former Chief of the Defence Force, as a special adviser to the government on Israel’s response to the IDF’s strikes that killed Ms Frankcom and her colleagues. I did that because I thought it was important that the government receive advice from him about that response.

“We’ve made clear that we do expect full accountability. Air Chief Marshal Binskin has engaged with the Israeli authorities and visited Israel earlier last month from 5 to 13 May. I acknowledge and appreciate the engagement with Israeli authorities. They facilitated the appropriate discussions, and I look forward to receiving a report from ACM Binskin.

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“I have asked him to examine arrangements for the investigation of the incident; IDF policies and procedures for operational incidents; measures taken to hold those responsible to account; if further investigation is warranted; and measures to adopt to prevent such incidents happening again.

“I understand, and share, the desire of many in our community for clarity around this. The appointment of him (ACM Binskin) was because we were very cognisant of people’s desire for clarity and transparency in this matter, so that will inform how we approach what we can release.”

Deputy Secretary Craig Maclachlan, Department of Foreign Affairs and Trade, International Security, Legal and Consular Group, speaking at the Senate estimates meeting, confirmed ACM Binskin had a good level of access to very senior people within Israel and is able to finalise his report before presenting it to the government.

“Mr Binskin was not there to conduct an investigation but to make an assessment and provide advice to the government about the conduct of the Israeli investigation and any accountability that was exercised. We expect Mr Binskin will finalise his report in coming weeks,” he said.

“(Whether the report will be made public) that will be a matter that will be determined once we have seen the final report.

“Mr Binskin will have completed the required paperwork for his appointment. We regard him as a very strong appointment. His record of service speaks for itself. We do not see any conflict of interest in his appointment (as a non-executive director for BAE Systems Australia).”

Israeli Defense Forces have already concluded its own investigation into the deaths of the seven workers of the World Central Kitchen killed in the Gaza Strip during an operation to transfer humanitarian aid.

The IDF findings, carried out by Joint Chiefs of Staff’s Fact-Finding and Assessment Mechanism and published on 5 April, found that serious mistakes were made in communications and target identification.

“The investigation found that the forces identified a gunman on one of the aid trucks, following which they identified an additional gunman. After the vehicles left the warehouse where the aid had been unloaded, one of the commanders mistakenly assumed that the gunmen were located inside the accompanying vehicles and that these were Hamas terrorists,” according to the IDF.

“The forces did not identify the vehicles in question as being associated with WCK. Following a misidentification by the forces, the forces targeted the three WCK vehicles based on the misclassification of the event and misidentification of the vehicles as having Hamas operatives inside them, with the resulting strike leading to the deaths of seven innocent humanitarian aid workers.

“The strikes on the three vehicles were carried out in serious violation of the commands and IDF Standard Operating Procedures. The investigation’s findings indicate that the incident should not have occurred.

“Those who approved the strike were convinced that they were targeting armed Hamas operatives and not WCK employees. The strike on the aid vehicles is a grave mistake stemming from a serious failure due to a mistaken identification, errors in decision making, and an attack contrary to the standard operating procedures.

“After being presented with, and considering the investigation’s findings, the IDF Chief of the General Staff decided that the following command measures will be taken: the brigade fire support commander, an officer with the rank of major, will be dismissed from his position. The brigade chief of staff, an officer with the rank of colonel in reserve, will be dismissed from his position. Additionally, the brigade commander and the 162nd Division commander will be formally reprimanded. The IDF Chief of Staff decided to formally reprimand the commander of the Southern Command for his overall responsibility for the incident.”

WCK stickers on the cars were undetectable at night, a problem compounded by the IDF’s use of thermal cameras at night, according to the American Israel Public Affairs Committee.

In addition, WCK properly coordinated its aid convoy with Israel; however, this was not properly relayed between the different Israeli agencies and forces, according to AIPAC.

“The IDF has acknowledged its responsibility and its fatal errors in the deadly attack on our convoy in Gaza. It is also taking disciplinary action against those in command and committed to other reforms. These are important steps forward,” according to a statement from WCK published following the IDF findings.

“It is also clear from their preliminary investigation that the IDF has deployed deadly force without regard to its own protocols, chain of command and rules of engagement. The IDF has acknowledged that our teams followed all proper communications procedures. The IDF’s own video fails to show any cause to fire on our personnel convoy, which carried no weapons and posed no threat.

“Without systemic change, there will be more military failures, more apologies and more grieving families.”