IDF halts investigation into death of Australian aid worker Zomi Frankcom

The Israel Defense Forces (IDF) has announced that it will not conduct a further investigation into the death of Australian humanitarian Zomi Frankcom. The decision, made more than two years after the incident, characterises the killing as a "mistake" rather than a criminal act, stating there is no suspicion that a crime was committed.

Frankcom, who worked for World Central Kitchen, was killed in April 2024 when an IDF airstrike hit a clearly marked convoy in Gaza. She and six colleagues were travelling to distribute food to Palestinians on a route that had been communicated to the IDF in advance. Following the strike, Prime Minister Benjamin Netanyahu described the attack as a mistake, leading to the retirement of two commanders and the disciplining of three others.

Former UN war crimes judge Geoffrey Robertson has criticised the IDF’s decision as a serious misunderstanding of the law of war. Robertson argues that while mistakes can have fatal consequences, they are culpable if the result of gross negligence or reckless conduct. He notes that under the statute of the International Criminal Court (ICC), directing attacks against personnel involved in humanitarian assistance constitutes a serious war crime.

Robertson also challenged claims made by the Israeli ambassador, who stated that "a court came to a decision that there’s no criminal liability." According to Robertson, there is no evidence that any court, particularly one that is open and independent, was involved in the process. He described the Israeli government’s refusal to apologise as despicable.

The Australian government has expressed outrage at the decision. Foreign Minister Penny Wong announced that she would call in the Israeli ambassador and requested the disclosure of the evidence on which the IDF based its decision not to proceed. Robertson suggests that Australia could fund legal action in Israel or ask the ICC to investigate, though he notes potential obstacles such as time bars, immunities, and opposition from the United States.

The ICC has jurisdiction over war crimes in Gaza because Palestine is a member state, despite Israel not being a member. However, Robertson points out that the United States has recently launched a campaign to pressure ICC members to withdraw, citing vulnerabilities for Australia, particularly regarding the Aukus defence pact.