IDF and colonel may feature in Gaza aid workers' inquest

The scope of inquests into the deaths of three British aid workers killed by a drone strike in Gaza could be expanded to include the Israel Defense Forces (IDF) and the commander who allegedly ordered the attack.

James Kirby, 47, of Bristol, John Chapman, 57, of Poole, Dorset, and James "Jim" Henderson, 33, of Falmouth, Cornwall, died in the incident on 1 April 2024.

They were among seven World Central Kitchen (WCK) workers killed when a three-car convoy was hit.

At a pre-inquest hearing at Avon Coroner's Court, senior coroner Maria Voisin confirmed she was "minded to grant" the IDF and Colonel Nochi Mendel "interested person" status. It is anticipated she will confirm her position in writing.

The IDF began an internal investigation days after the deaths, saying at the time that the killing of WCK staff was a "grave accident", and sacking two senior Israeli military officers while reprimanding three others.

The review's findings were published on 5 April 2024, alongside an admission of "serious failure" and the announcement that an IDF colonel and major were being dismissed as a result.

Kirby, Chapman and Henderson, who had all previously served in the British Armed Forces, worked for Dorset-based security firm Solace Global.

Speaking outside court, Adam McGuire, a cousin of Kirby, said he had been killed two-and-a-half years ago and "nobody has ever explained to us why it happened".

"The coroner told us today that Colonel Mendel and the Israeli military are going to be made interested persons in the inquest.

"In plain terms, that means they can take part, see the evidence and give their own account. We hope they will.

"We would like to hear from them."

During Monday's first pre-inquest review, Voisin considered the scope of the full inquest and submissions by legal teams.

Alison Hewitt, counsel to the inquest, told the hearing that submissions had been made to grant "interested person" status to the IDF and Colonel Nochi Mendel.

"It is right to say that as part of the background facts, there has been a recognition that the deaths resulted from strikes ordered by or on behalf of Israeli Defense Forces and, it is said, specifically by Colonel Mendel," Hewitt told the hearing.

Hewitt asked Voisin if it was correct that she was "minded to grant" interested person status to the IDF and Colonel Mendel, with the coroner replying "yes".

The senior coroner told the hearing she was also likely to grant the "interested person" status to the family of Australian national Lalzawmi "Zomi" Frankcom, 43, who also died in the attack.

When asked whether this could extend to the Israeli defence department, or Israeli air force, Voisin replied: "I think it is fair to say that this whole process today is going to be kept under review.

"This is the first pre-inquest review, I think we all know there will be another, and may be another, before we are ready in any shape or form to hear the evidence and come to any conclusions."

The court heard submissions had also been made on behalf of legal teams representing the families to grant the Ministry of Defence and defence technology company Elbit Systems "interested person" status.

Hewitt said the scope of the inquests would also include the circumstances by which Kirby, Chapman and Henderson came to be in Gaza, and what risk assessments, plans, policies and procedures were in place.

Hewitt added legal teams asked the coroner to investigate "what steps, if any, were taken or in place prior to April 1 2024 by the UK Government in relation to the protection of lives of aid workers in Gaza".

The senior coroner said she was unable to set a date for the full hearing, as there may be further parties to be granted "interested person" status, and it was currently unclear how long the inquests could take.

The matter of whether a jury would hear the inquests would be decided at a later date, she added.

Dual American-Canadian citizen Jacob Flickinger, 33, Polish national Damian Sobol, 35, and their driver, Palestinian Saifeddin Issam Ayad Abutaha, 25, also died in the attack.

A further pre-inquest review has been listed for 5 April, 2027.

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