At last, the West awakens to Israel’s fighting

The Age & Sydney Morning Herald | Ben Saul | 9 April 2024

How can anybody believe a single word that comes from the mouths of the Government of Israel – bravo to Australia for standing up to something that EVERY nation should be doing – Mark

Israel’s swift investigation into the killings of seven aid workers by Israeli forces in Gaza has rightly not satisfied the victims’ families, their employer World Central Kitchen, or the Australian government.
The Israeli investigation has admitted the killings were a ‘‘grave mistake’’ involving ‘‘mistaken identification, errors in decisionmaking’’ and breaches of orders and rules of engagement. It claimed information about the convoy was not shared within the Israel Defence Forces and that aid logos on the vehicles were not visible. Two officers will be dismissed, another two reprimanded, and the case will be referred to military prosecutors.
Australia declared Israel has not appreciated the gravity of the killings and called for full accountability and transparency and ‘‘appropriate action’’ on the ‘‘utterly inexcusable’’ deaths.
Foreign Minister Penny Wong has appointed Air Chief Marshal Mark Binskin as Australia’s special adviser to review the investigation. Wong insisted that evidence be preserved, telegraphing the government’s lack of confidence in the Israeli military justice system.
Whether Israel takes Australia’s concerns seriously depends on what happens in the criminal investigation. At least three possible war crimes must be examined: First, even if the aid workers were not intentionally targeted, it is a war crime to recklessly kill civilians.
Second, it is a war crime to launch an indiscriminate attack, meaning one that fails to differentiate between military targets and civilians. Attacking the vehicles without verifying their occupants may fall into this category.
Third, it is a war crime to launch an attack expected to cause excessive civilian casualties relative to the military advantage anticipated. Attacking three presumptively civilian vehicles, which could potentially carry up to 15 people, to kill only two unknown Hamas fighters would likely be disproportionate if the vehicles were carrying civilians.