Canada, the UK and Australia should investigate the WCK attack in Gaza

By Mark KerstenPublished On 15 Sep 202615 Sep 2026SaveSharefacebookxwhatsapp-strokecopylinkPeople gather around the carcass of a car used by US-based aid group World Central Kitchen, that was attacked by the Israeli army in Deir al-Balah in the central Gaza Strip on April 2, 2024 [AFP]The Israeli army has concluded its probe into the 2024 drone strikes that killed seven humanitarian workers from the World Central Kitchen (WCK). The verdict? No criminal investigation is warranted. No explanation was provided.The decision not to pursue criminal responsibility for the attack was slammed by Western states as “shameful”. Canadian Foreign Minister Anita Anand called it “unacceptable”. The Australian government said it was “outraged”. The Polish Ministry of Foreign Affairs declared it was “disappointed”.If Western states are indeed dissatisfied with the outcome of the Israeli probe, then they should investigate the crime themselves. They have the institutional capacity and legal right to do so. Not pursuing an investigation would mean they accept Israeli impunity for the killing of their aid workers in Gaza.Images taken in the wake of the drone strikes on the WCK convoy show a charred hole where Israeli missiles breached the roof of the organisation’s vehicles – right next to its logo. The three cars in the WCK convoy were clearly marked, and their movements across the Gaza Strip were coordinated in real time with Israeli forces.Such precautions were not enough to protect the lives of Lalzawmi Frankcom (Australia, 43 years old), Damian Sobol (Poland, 35), Saifeddin Issam Ayad Abutaha (Palestine, 25), Jacob Flickinger (dual citizen of the US and Canada, 33), or British citizens John Chapman (57), James Henderson (33) and James Kirby (47). They are among the more than 1,000 humanitarian aid workers killed in Gaza since 2023.The attack on the WCK convoy has the hallmarks of a potential war crime. Canada’s Anand intimated as much when she referred to the laws of armed conflict in stating that “Canada expects international humanitarian law to be upheld”.Importantly, even if the attack was conducted in error, as Israel has claimed, it may still constitute a war crime. Calling an attack a “tragic mistake” is not a magic wand that absolves perpetrators of responsibility. If those involved in the strikes were acting recklessly, with clear disregard for civilian life, they may be liable for war crimes under international law.The commander who ordered the strikes on the WCK convoy, Colonel Nochi Mendel, said in an interview, “I am not sorry for what I did.”That an Israeli officer is showing no remorse for taking civilian life is hardly surprising. A culture of impunity breeds under such conditions, one in which perpetrators do not fear the consequences of their actions.Indeed, it is almost certain that the Israeli army has calculated that, however angry Western powers are over the decision not to pursue a criminal investigation, it is just hot air and will not be met with action. Those powers should prove them wrong.London, Canberra and Ottawa have stated they will “continue to seek answers” on behalf of the families of those slain in the WCK attack. But they should not waste their time seeking them from those who have clearly demonstrated no interest in holding those responsible for the WCK attack accountable. They should instead act themselves.The United Kingdom, Canada and Australia have the legal authority, expertise and resources to exercise jurisdiction over atrocity crimes committed in Gaza. They can do so by exercising what is called universal jurisdiction, which allows states to investigate and prosecute international crimes – war crimes, crimes against humanity and genocide – even when committed abroad by foreigners against foreigners. In this instance, those killed include their own citizens. Their obligations and interest to pursue accountability are thus even more obvious.So, what should happen next? Canada, the UK and Australia should announce a joint criminal investigation into suspected war crimes committed in the WCK attack. They can also invite other states to join in. Poland, for example, also has the legal ability to exercise universal jurisdiction.Canada has already taken some steps in investigating war crimes in Palestine. In 2024, the Canadian police launched a “structural investigation” into international crimes committed in Gaza. This process collects evidence that can be used later in cases against perpetrators who enter Canadian jurisdiction.Of course, just opening a criminal investigation does not mean that anyone will be prosecuted. But it could provide the victims’ families their best shot at seeking justice. It would be a sign that states are willing to dedicate resources to holding perpetrators accountable.Moreover, if warrants are ultimately issued by Canada, the UK and Australia, and if any of the suspected perpetrators travel abroad, they could potentially be subject to extradition to one of the countries to be prosecuted.The decision to dismiss a criminal investigation into the WCK attacks is indeed unacceptable. And those states whose citizens were killed must pursue their own criminal inquiry into the suspected war crimes committed against humanitarians in Gaza.The views expressed in this article are the author’s own and do not necessarily reflect Al Jazeera’s editorial stance.