Israel has stated it will not hold accountable those responsible for the deaths of seven humanitarian workers from the World Central Kitchen (WCK) following drone strikes in 2024. The Israeli army has concluded its investigation into the strikes, determining that no criminal investigation is warranted, without providing an explanation.
The decision has drawn criticism from Western nations. Canadian Foreign Minister Anita Anand described it as "unacceptable," while the Australian government expressed outrage, and the Polish Ministry of Foreign Affairs expressed disappointment.
In light of dissatisfaction with the Israeli probe, these Western nations are urged to conduct their own investigations. They possess the institutional capacity and legal authority to do so, and failure to act may imply acceptance of Israeli impunity regarding the deaths of their aid workers in Gaza.
Images from the aftermath of the drone strikes show damage to WCK vehicles, which were clearly marked and coordinated with Israeli forces during their movements in Gaza. The victims included Lalzawmi Frankcom (Australia, 43), Damian Sobol (Poland, 35), Saifeddin Issam Ayad Abutaha (Palestine, 25), Jacob Flickinger (dual citizen of the US and Canada, 33), and British citizens John Chapman (57), James Henderson (33), and James Kirby (47). They are part of the over 1,000 humanitarian aid workers killed in Gaza since 2023.
The attack on the WCK convoy may constitute a war crime, as suggested by Anand's reference to the laws of armed conflict. Even if Israel claims the attack was an error, it could still be deemed a war crime if conducted recklessly and with disregard for civilian life.
Colonel Nochi Mendel, who ordered the strikes, stated, "I am not sorry for what I did," reflecting a culture of impunity. Observers note that the Israeli army likely believes that Western powers' anger will not lead to action.
The UK, Canada, and Australia have indicated they will continue to seek answers for the families of the victims but are encouraged to take action themselves rather than relying on Israel. These countries have the legal authority to investigate international crimes committed abroad through universal jurisdiction, especially since the victims included their citizens.
Next steps could include a joint criminal investigation into the WCK attack, with an invitation for other states, such as Poland, to participate. Canada has initiated investigations into war crimes in Palestine, collecting evidence for potential future prosecutions.
While initiating a criminal investigation does not guarantee prosecution, it could provide victims' families with a pathway to justice and demonstrate a commitment to accountability. If warrants are issued and suspects travel abroad, they could face extradition to face prosecution.
The dismissal of a criminal investigation into the WCK attacks is viewed as unacceptable, and the nations whose citizens were killed are urged to pursue their own inquiries into the suspected war crimes against humanitarians in Gaza.