The Israeli ambassador has claimed ‘a court came to a decision that there’s no criminal liability’ but there is no evidence that any court has been involved
Zomi Frankcom did not deserve to die. She and her six colleagues were traveling in a clearly marked humanitarian convoy to distribute food to starving Palestinians on a route that had been communicated well in advance to the Israel Defense Forces (IDF). It bombed them deliberately and repeatedly. Israel’s prime minister, Benjamin Netanyahu, announced the next day that the attack was a “mistake” and a few days later its two commanders were forced to retire, and three others were disciplined. An internal inquiry followed, but this week – well over two years later – the IDF announced that there would be no further investigation because there could be no suspicion that any crime had been committed: it was merely a mistake. This is a serious misunderstanding of the law of war.
Mistakes may have fatal consequences and, if they are the result of gross negligence or reckless or irresponsible conduct, they are culpable and deserving of punishment. The crime of manslaughter in Australian and English law reflects this grave level of criminality. In war law, under article 8 of the statute of the international criminal court (ICC) “intentionally launching an attack in the knowledge that such an attack will cause loss of life to civilians” and “directing attacks against personnel or vehicles involved in humanitarian assistance” are serious war crimes which may be committed by mistakes made through negligence or blind eyes turned to their foreseeable consequences. The IDF decision not to investigate Zomi’s killing on the grounds that it was merely a “mistake” is not a legitimate reason and the Israeli government’s refusal even now to apologise is despicable.
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