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HomeRead, Watch, ListenAustralia
Israel Hamas WarAnalysisAustralia

Zomi investigation delivers new low in Australia-Israel relations

The Australian government is outraged that no Israeli soldier will be held criminally responsible for the death of World Central Kitchen worker Zomi Frankcom
Michael Visontay
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PENNY WONG P

Australian Foreign Minister Penny Wong speaks to the media after Israel announced no one would be prosecuted over the death of aid worker Zomi Frankcom in Gaza (AAP Image/Lukas Coch)

Published: 20 August 2026

Last updated: 21 August 2026

Moral reckoning around unintentional acts of killing in war is always thorny.

The IDF’s investigation into the air strike that left seven World Central Kitchen (WCK) aid workers dead – including Australian Zomi Frankcom – concluded this week that there was “no reasonable suspicion of criminal misconduct that would justify the opening of a criminal investigation”.

Foreign Minister Penny Wong is furious that there will be no criminal proceedings brought against any IDF officer over the April 2024 incident. “Australia is outraged the Israeli Government has decided not to pursue criminal proceedings,” Wong said in a statement this week.

“This decision falls far short of the accountability we expect. Democracies seek and accept higher standards. The Australian Government will not stop pressing Israel for justice for Zomi and her colleagues.” WCK echoed Wong’s words, also condemning the IDF decision.

Wong summoned Israeli Ambassador Hillel Newman to convey Australia’s anger at the decision.

‘Serious failures’ but no criminal misconduct

The IDF report said its officers had “mistakenly believed that the vehicles contained Hamas military operatives and therefore struck the vehicles”.

It claimed that attempts were made to contact WCK representatives during “the approximately half-hour period in which the convoy vehicles were tracked on the understanding that they contained Hamas operatives”, but those attempts were unsuccessful.

The presence of armed security to accompany the convoy “was not coordinated with IDF authorities” and the vehicles had deviated from the route arranged in advance, the IDF found, while several people were also mistakenly identified as armed persons.

Zomi Frankcom at the World Central Kitchen distribution point in Deir al-Balah, Gaza (WCK Instagram)
Zomi Frankcom at the World Central Kitchen distribution point in Deir al-Balah, Gaza (WCK Instagram)

“Following review of all findings of the factual assessment, it was determined that, notwithstanding serious failures in the process that led to the assessment that Hamas operatives were travelling in the vehicles, the decisions of the commanders did not raise reasonable suspicion of criminal misconduct.”

The differences between Australia and Israel

The air strike sparked an international furore, led by Penny Wong, who was so angry that she insisted that an Australian military attaché be allowed to travel to Israel and given access to IDF information as part of its investigation.

Israel agreed, and former Australian Defence Force chief Mark Binskin was sent over. His report, published in August 2024, found that “a significant breakdown in situational awareness” by the Israeli military caused the strike that killed Frankcom, adding that he did not believe the charity workers were deliberately targeted.

Two Israeli officers were dismissed from their positions in the aftermath, and three senior officers were formally reprimanded, according to Israel.

The IDF’s findings are not significantly different from Binskin’s conclusion: there was error but no intent. But the conclusion that stops short of recommending a criminal consequence is the sticking point.

It will further aggravate the running sore in Australia-Israeli relations, which have sunk to new lows since October 7, as ugly public spats between the respective leaders about the Gaza conflict played out in both countries.

On its own, the WCK incident highlights the tension over how to address non-deliberate and accidental civilian deaths. On the one hand, two officers were stood down. But if there is no conclusion of deliberate targeting, both by Israeli and Australian investigations, then the call for criminal charges looks more like an emotional cry for reckoning rather than a legally solid rebuttal.

The problem of context

However, the IDF released this report as part of a larger group of five reports into separate incidents – and the differences rub salt into the wound for Australia.

In two of the other cases, the IDF ruled there should be criminal investigations.

In one case, which also made global headlines, a five-year-old Palestinian girl died in January 2024 after pleading to be rescued from an attack that had killed her aunt, uncle and three cousins. The IDF ruled there should be a criminal investigation by the military police into the death of Rajab, her family members, as well as paramedics who sought to come to her aid.

In a second case, the IDF decided there should also be a criminal investigation into an ambush by Israeli forces that killed 15 Palestinians, including medical personnel, as well as a United Nations employee in March 2025.

The five cases are a very small proportion of the IDF killings of civilians during the Gaza war. The exact circumstances of most – and the culpability of the soldiers involved will never be examined, but the drive to find responsible individuals in these cases is partly a reaction to the sheer number of civilian deaths. In Wong’s words, “too many people have died” in Gaza.

Each case has particularities, which affect the capacity of the courts to find individuals criminally responsible.

But taken as a whole, they remind us that fighting in civilian population centres, the use of schools and hospitals as shields, and the inevitable fog of war will always cost innocent lives.

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Comments7

  • Avatar of Nicole

    Nicole25 August at 04:32 am

    Do we wish to normalise the lack of external oversight in divisive international events?

    This is a travesty in that our own reports, assuming a predicate of scepticism with an IDF internal investigation, did not get across enough desks; it lacked crucial evidence in drone footage that would be able to elucidate the difference in Australia’s reaction to Israel’s despite the outcomes seeming similar.

    We ought to reconsider our rigour we hold liberal governments and ideals and the checks we hold for accountability.

    Otherwise, it’s a dogs breakfast.

  • Avatar of Mark Ian

    Mark Ian22 August at 11:37 pm

    Australia did not thank goodness suffer the barbaric massacres with atrocities perpetrated on unarmed civilians so the personal pain of Israel is incomprehensible.
    And so also of Gaza civilians who ought to have been given full temporary refugee throughout the world or provided with stringent humanitarian corridors.
    The tragic deaths of Humanitarian Workers is to be condemned though it occurred at night and there was a fog of war complexity .
    Compensation and Apology is Just and Moral for Zomi Frankom .
    But Hamas and supporters stated the barbaric war under times of Truce with 15,000 Gazans working in Israel to help their families .

  • Avatar of Simon Byrne

    Simon Byrne21 August at 09:01 am

    I was disappointed to read Deborah Stone’s editorial comment that Jewish Australians have ‘two parents’, that is, Australia and Israel. Stone also falsely claimed that the death of Frankcom had been found by an Israeli ‘court’ to be the result of a ‘legitimate mistake’. In fact no independent court (in which the matter could be tested at law) was involved, only an internal investigation by the IDF advocate general. I also read that Ambassador Newman, immediately after meeting Minister Wong, said to journalists that there are many ‘Israel haters’ in Australia. Both of these comments feed into the trope that criticism of the Israeli government is antisemitism. Surely it should be possible for Australians, including Jewish Australians, to criticise the government of Israel in this specific matter without being indirectly accused of prejudice.

  • Avatar of James

    James20 August at 09:52 am

    Dense population, schools/hospitals as shields, the fog of war… the IDF rules of engagement aren’t a factor?

    Her name was Hind.

  • Avatar of Harold Zwier

    Harold Zwier20 August at 08:15 am

    What stands out about the death of Australian Zomi Frankcom and 6 other aid workers is that the IDF thought (incorrectly) that the presence of 1 Hamas militant was a sufficient justification to kill 7 aid workers. That suggests the IDF believes the killing of multiple civilians to kill 1 militant is within their rules of war. I remain appalled.

  • Avatar of Max

    Max20 August at 08:08 am

    Australia was permitted unusual access to the Israeli investigation. At Penny Wong’s insistence, former ADF chief Mark Binskin travelled to Israel and examined IDF information. His report found a “significant breakdown in situational awareness” and concluded that the aid workers were not deliberately targeted. Israel’s investigation similarly found catastrophic operational errors; two officers were dismissed and three senior officers reprimanded. The Military Advocate General nevertheless concluded that the evidence did not meet the threshold for criminal proceedings, while criminal investigations continue into other incidents.

    This contrasts with the Brereton inquiry, which found “credible information” of 39 unlawful killings by Australian forces but was itself not a criminal investigation. Although often described as independent, it remained within Australia’s Defence institutional framework.

    The question, therefore, is not whether Israel did nothing, but why Australia considers this outcome “outrageous” while its own response to 39 alleged unlawful killings has produced years of investigation, limited prosecutions and no or delayed reparations. Australia should articulate a consistent standard for accountability—one it is equally prepared to apply to its own forces.

  • Avatar of Michael Gawenda

    Michael Gawenda20 August at 07:20 am

    Trouble is hardly a single journalist read the Australian report. And Penny Wong basically ignored it. It came to the same conclusion as the Israeli investigation. She ignored her own report again today. The rest is just rhetoric. Designed to appease whoever it is she trying to appease. You are too kind Michael Visontay.

  • About the author

    Michael Visontay

    Michael Visontay

    Michael Visontay is Commissioning Editor of TJI and was Editor-in-Chief from 2017-22. Michael is a former Assistant Editor of The Sydney Morning Herald and columnist with The Australian Jewish News. He has written six books, including Who Gave You Permission? with Manny Waks, and Welcome to Wanderland: Western Sydney Wanderers and the Pride of the West. His most recent book is Noble Fragments: the Maverick who broke up the world's greatest book (Scribe, 2024).

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