Source: The Conversation (Au and NZ)
We are now told by the same IDF [Israeli Defense Force] that there is no wrongdoing worth referring to a criminal investigation. As a family, we do not believe this to be accurate, and we continue to call for an independent investigation.
In their statement, the family of Zomi Frankcom, the Australian aid worker who was killed in Gaza in an Israeli air strike in 2024, expressed their deep disappointment.
They were referring to the news the IDF would not pursue criminal proceedings for the deadly strike that killed Frankcom and six other World Central Kitchen aid workers.
The Australian government has expressed “outrage” and is considering its next steps.
Australia now has a chance to act. While Palestine is the most dangerous place in the world to be an aid worker, it’s also far from the only place where aid workers have been targeted. All deserve better protection.
Unless countries and international organisations find ways to hold perpetrators to account for the deaths of aid workers, less help will reach those in dire need of it.
Aid at risk
Record levels of armed conflict have increased risks for all civilians, including those who run towards danger to help. Aerial bombardment and drones are transforming war and increasingly responsible for civilian and aid worker deaths.
More than 1,000 aid workers have been killed over the past three years, with 2024 the deadliest on record. In Gaza alone, more than 400 United Nations personnel have been killed since October 2023.
Aid workers have been reluctant to bring attention to escalating attacks due to a fear of losing access to conflict zones and diverting attention from civilian populations in need.
But as a senior diplomat interviewed for my as yet unpublished research said, “if there is no protection for aid workers, there is no protection for civilians”.
Acting with impunity
Unfortunately, there’s a long history of a lack of accountability for the deaths of aid workers.
One such example is from Sri Lanka in 2006 when 17 aid workers were executed in their office in Muttur.
Several international investigations found “reasonable grounds” Sri Lankan security forces were responsible. But domestic processes were hamstrung by political interference.
As well as the immediate deaths, these kinds of attacks directly impact civilians reliant on aid. In Sri Lanka, there was a wider “chilling effect” on humanitarian action, with 2,000 aid workers leaving the area, according to the Office for the High Commissioner for Human Rights. This leaves residents in desperate need of help.
While international humanitarian law provides clear protections for aid workers, increasing attacks have reinforced the need to better hold perpetrators to account.
The international responses to such crimes have, in the past, focused on United Nations Security Council resolutions and condemnations. Alone these have proven insufficient, with attacks accelerating due to “virtually no accountability” according to human rights organisation Legal Action Worldwide.
How can Australia pursue accountability?
In September 2025, Australia, together with several other states, worked to reinforce protections for aid workers through the Declaration for Protecting Humanitarian Personnel. The declaration has 122 signatories and commits to “pursuing greater accountability and justice”.
So what might that look like?
Efforts at the national level in the country the attack took place are generally the first avenue for legal accountability.
In the case of World Central Kitchen, the Israeli Defense Forces argue the soldiers mistakenly believed the convoy was carrying Hamas operatives. While some officers were stood down or reprimanded, the IDF investigation didn’t find “reasonable suspicion” of criminal conduct.
There are, however, longstanding concerns with Israel’s military investigations into its own conduct, due to the very low prosecution rates and lengthy delays that can serve to diminish political pressure.
These investigations are not independent and, in the eyes of human rights organisations and legal experts, lack credibility.
Attacks on humanitarian personnel are a serious violation of international humanitarian law that may constitute a war crime. War crimes committed overseas can be subject to universal jurisdiction, allowing domestic courts in other countries to prosecute such crimes.
In Australia, the war crime of attacking personnel or objects involved in humanitarian assistance can be prosecuted under the federal criminal code.
The government may also choose to lobby the United Nations to establish an independent international inquiry. Such an inquiry can help to establish the facts and preserve evidence to support later legal processes.
Australia could impose country-level sanctions on Israel, as some organisations are urging. Or as a last resort, it could refer the case to the International Criminal Court.
More generally, there have also been calls to appoint a dedicated UN special envoy to address record attacks on aid workers and advocate on their behalf, including those detained. Australia could support such a role, which would ensure greater transparency and attention for these attacks, which often fly under the radar.
Exploring all pathways
The Frankcom family has asked the Australian government “to pursue all available legal avenues for an independent and credible investigation to be conducted”.
There are many options the government could pursue.
This is, in many ways, uncharted territory. Very few people, organisations or institutions have ever been held accountable for the deaths of aid workers worldwide.
But condemnation alone has proven insufficient. Given the increased deaths of aid workers and the long history of insufficient accountability, the current moment presents an opportunity.
It’s time for Australia, together with other states, to do something meaningful to protect those who risk their lives to help.
Amra Lee will be one of four judges on the panel for the Zomi Frankcom Women Humanitarian Leader award. This position carries no financial or other benefit, and precludes me from being nominated.
Original source: https://analysis1.mil-osi.com/2026/08/24/theres-rarely-accountability-for-the-deaths-of-aid-workers-its-time-that-changed-and-australia-can-help/