Senator Mehreen Faruqi – Estimates questions regarding Israel’s strike on World Central Kitchen aid workers and Australia’s investigation

photo of Senator Mehreen Faruqi
June 3, 2024

Minister, four days after the Israeli defence force killed Australian aid worker Zomi Frankcom and her six World Central Kitchen colleagues, in a series of precision missile strikes, Israeli authorities released a report claiming the death was a mistake. The aid convoy was hit not once but three times over a distance of more than two kilometres, on a route and at a time at which World Central Kitchen had alerted the IDF. Do you believe the death was a mistake?

CHAIR: Senator Faruqi, you’ve got the call.

Senator FARUQI: Minister, four days after the Israeli defence force killed Australian aid worker Zomi Frankcom and her six World Central Kitchen colleagues, in a series of precision missile strikes, Israeli authorities released a report claiming the death was a mistake. The aid convoy was hit not once but three times over a distance of more than two kilometres, on a route and at a time at which World Central Kitchen had alerted the IDF. Do you believe the death was a mistake?

Senator Wong: First, I want to, again, say publicly—and I’m sure all of us share this—that our deepest sympathies go to Zomi Frankcom’s family and her loved ones. She was someone whose life was dedicated to the service of others. As you know, Senator, we condemned the strike which killed not only the Australian, Ms Frankcom, but, I think, six of her World Central Kitchen colleagues. I made public statements about the death of any aid worker being both outrageous and unacceptable. We made clear to Israel, both publicly and by way of correspondence, our expectation of full accountability. I announced the appointment of retired Air Chief Marshal Mark Binskin, the former Chief of the Defence Force, as a special adviser to the government on Israel’s response to the IDF’s strikes that killed Ms Frankcom and her colleagues. I did that because I thought it was important that the government receive advice from him about that response. We’ve made clear that we do expect full accountability. Air Chief Marshal Binskin has engaged with the Israeli authorities and visited Israel earlier last month from 5 to 13 May. I acknowledge and appreciate the engagement with Israeli authorities. They facilitated the appropriate discussions, and I look forward to receiving a report from ACM Binskin.

Senator FARUQI: When will the investigations be completed, Minister?

Senator Wong: Which ones?

Senator FARUQI: The ones that you have just highlighted.

Senator Wong: Mr Binskin’s report?

Senator FARUQI: Yes.

Senator Wong: Because I think the Israeli government—Mr Maclachlan might remember—

Senator FARUQI: No—Mr Binskin’s report. When will you receive that?

Mr Maclachlan: Just to be clear, Mr Binskin was not there to conduct an investigation but to make an assessment and provide advice to the government about the conduct of the Israeli investigation and any accountability that was exercised. We expect Mr Binskin will finalise his report in coming weeks.

Senator FARUQI: Will those findings be made publicly available?

Mr Maclachlan: That will be a matter that will be determined once we have seen the final report.

Senator FARUQI: So Mr Binskin is—

Senator Wong: But, to be clear, obviously it’s hard. I understand, and share, the desire of many in our community for clarity around this. The appointment of him was because we were very cognisant of people’s desire for clarity and transparency in this matter, so that will inform how we approach what we can release.

Senator FARUQI: Yes, but Mr Binskin is still, as far as I understand, just doing the report on the Israel investigation. Israel said it was a precision target, a precision strike, but it was a mistake.

Senator Wong: I don’t know why you dismiss it so much. This is an assessment by a very senior, very experienced former Chief of Defence Force is going to make about what is—

Senator FARUQI: Minister—sorry, I thought you had finished.

Senator Wong: I was just trying to carefully set my words. Mr Binskin is going to make an assessment, as Mr Maclachlan said, of the actions and investigations that have been taken.

Senator FARUQI: Of Israel’s investigations, right?

Senator Wong: Yes.

Senator FARUQI: Mr Binskin is, as far as I understand, a non-executive director for BAE Systems Australia, which is a company involved in the supply of F-35 fighters or their parts which Israel uses to massacre Palestinians. You didn’t consider that to be any conflict of interest?

Senator Wong: Well, just to go back to my previous answer, looking at my press release about his appointment, the first is:

This work will include examination of:

Arrangements for the investigation of this incident.

IDF policies and procedures for operational incidents.

Measures taken to hold those responsible to account.

If further investigation is warranted.

Measures adopted to prevent such incidents happening again.

The Special Adviser will provide advice to the Australian Government regarding any further representations or actions that could be taken to ensure a full and transparent investigation and to hold those responsible to account.

So that’s the first point.

Senator FARUQI: Sure, but I—

Senator Wong: Second, in relation to the personal attack on the former chief of the Defence Force—

Senator FARUQI: I’m asking you if it’s a conflict of interest. I have stated a fact; it is not an attack, Minister. I have stated a fact and asked if you thought this was a conflict of interest.

Mr Maclachlan: Mr Binskin will have completed the required paperwork for his appointment. We regard him as a very strong appointment. His record of service speaks for itself. We do not see any conflict of interest in his appointment.

Senator FARUQI: Zomi Frankcom’s family has called for a war crimes investigation. Why hasn’t the government backed that call?

Senator Wong: Well, if you’re referring to the newspaper article some time ago, yes, I spoke to Ms Frankcom’s family after that. I’m not sure that report reflected the priorities that they had at the time I spoke to them. Obviously, there were other much more pressing things that they wanted to deal with, which included ensuring that Ms Frankcom was returned to Australia and an appropriate farewell for her. I think the first thing to do is to receive Mr Binskin’s report. What I would say is we have been clear about the need for full accountability for these deaths—all deaths. All innocent lives lost in this conflict, and there have been so many, including women and children, are mourned. There is also a particular obligation in relation to humanitarian workers.

Senator FARUQI: There is indeed.

Senator Wong: I have referenced previously the numbers of humanitarian workers who have lost their lives, who have died in this conflict, and I have made very clear statements about our expectation about full accountability for these deaths, including the death of an Australian.

Senator FARUQI: I just want to clarify one thing before I move away from this. This report from Mr Binskin, I heard clearly, is a report assessing the investigation conducted by Israel into this incident. Could I just confirm that with you.

Mr Maclachlan: Sorry, would you mind repeating the question.

Senator FARUQI: Yes. The report the minister keeps referring to from Mr Binskin, I think you said it is a report assessing the investigation conducted by Israel into this incident.

Mr Maclachlan: That is correct. The minister read from her press release—

Senator FARUQI: It is not independent assessment of the incident itself.

Senator Wong: Well, hang on.

CHAIR: Allow the witness to finish.

Senator Wong: This is what I have asked him to do. I have asked him to examine arrangements for the investigation of the incident; IDF policies and procedures for operational incidents; measures taken to hold those responsible to account; if further investigation is warranted; and measures to adopt to prevent such incidents happening again.

Senator FARUQI: An SBS article dated 23 May stated that Australia was still negotiating with Israel for access for certain evidence relating to Zomi Frankcom’s murder. Do we have those documents now?

Mr Maclachlan: I’m not going to comment on a press article. I have no idea of the basis of that press article.

Senator FARUQI: Does Australia have all the information it has requested from Israel?

Mr Maclachlan: Mr Binskin, as you’ve heard, visited Israel between 5 and 13 May. Prior to that visit he had meetings with the Israeli ambassador here. He also held meetings with World Central Kitchen, with other agencies involved, NGOs. I mean, he has had a good level of access to very senior people within Israel. At no point has Mr Binskin said to me that he has felt he has been short on information or detail. As I said, I anticipate Mr Binskin will be able to finalise his report in coming weeks and present that to the government.

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