Mehreen Faruqi (NSW, Australian Greens) Share this | Link to this | Hansard source

I seek leave to move that general business notice of motion No. 621 calling for an independent investigation into the Israeli attack that killed Australian aid worker Zomi Frankcom be called on immediately and have precedence over all other business until determined.

Leave not granted.

Pursuant to contingent notice standing in the name of Senator Waters, I move:

That so much of the standing orders be suspended as would prevent me moving a motion relating to the conduct of the business of the Senate, namely a motion to give precedence to general business notice of motion No. 621.

This motion is urgent because Zomi Frankcom and her family deserve justice. Zomi Frankcom was the living, breathing, smiling heart of everything World Central Kitchen did in the field. She gave joy to others. Her compassion and curiosity were infectious. She simply cannot be replaced. That was how Jose Andres, the founder of World Central Kitchen, described Zomi. She was killed along with six colleagues on 1 April by Israeli forces in what World Central Kitchen called a targeted attack. On the day, according to Jose Andres, Israeli forces targeted their aid convoy, systematically, car by car. The convoy was made up of three vehicles, all of which were marked as World Central Kitchen. Their movements were in full compliance with Israeli authorities, who were aware of their itinerary and their route. They were operating in a deconfliction zone in an area controlled by Israeli forces. But they were still attacked. The Israeli forces hit the first car. The team were able to escape and moved to the second car of the convoy. That was hit as well. The team members then moved to a third car. That was also bombed, ensuring all seven aid workers were killed. I can only imagine how terrified Zomi and her colleagues were in their final moments.

Despite this very detailed account from World Central Kitchen, provided in the immediate aftermath of these killings, a report commissioned by the Australian government astonishingly claims that the attack was not deliberately directed at the World Central Kitchen aid workers. This report is nothing but whitewashing. The report makes clear that Air Chief Marshal Binskin had no investigative powers and relied on voluntary conversations. It was later revealed by ABC's 7.30 that he did not even have crucial audio evidence taken from an Israeli drone on the day of the attack. World Central Kitchen made clear that 'the IDF cannot credibly investigate its own failure in Gaza'. Of course they can't. We would never ask a murderer to investigate their own crime. Why on earth would be trust war criminals to investigate their own war crimes? It has been five long months since the killing of Zomi Frankcom, and this is all we have from Labor—hollow words of sympathy but no real accountability for the perpetrators. Let me remind you that the government has a duty to seek truth and justice for an Australian. Your job is to hold Zomi Frankcom's killers to account, not dish out pathetic reports to protect your genocidal friends in Israel. The barbaric killing machine of Israel has slaughtered nearly 300 aid workers since it began its genocide in Gaza in October, among them at least 212 UN workers. Because of the impunity gifted to Israel by countries like Australia, Israel has continued to kill aid workers, including another World Central Kitchen worker, Nadi Salout, last month.

Just a few weeks ago, the World Food Programme had to pause its movement in Gaza because Israeli forces opened fire on one of its vehicles. This systematic targeting of humanitarian workers is likely to make 2024 the deadliest year for aid workers. We should all be horrified at this, yet the world is sitting on its hands. The Australian government is sitting on its hands. It is just incomprehensible to me how far Labor will go in its support for the apartheid state of Israel. Where is the limit? Clearly the slaughter of at least 40,000 Palestinians, including at least 17,000 children, doesn't bother you, nor the slaughter of hundreds of aid workers, nor the deliberate murder of Zomi Frankcom.

None of that seems to bother Labor, because they will continue with their arms deals and contracts. They will not impose sanctions. They will barely utter a word to condemn Israel. Well, if you're not willing to do any of that, then at least do this: call for an independent investigation into the murder of Zomi Frankcom. If there is nothing to hide, let's openly call for an International Criminal Court investigation into the killing of aid workers. Zomi and her family deserve justice, as does every single aid worker slaughtered by Israel. For goodness sake, show an ounce of humanity, if you have any in you at all.

Malarndirri McCarthy (NT, Australian Labor Party, Minister for Indigenous Australians) Share this | Link to this | Hansard source

The government does not support the suspension of standing orders. There are other opportunities to advance these arguments in the Senate, including as a matter of public importance, an urgency motion in the general business debate, senators' statements and the adjournment debate.

The deaths of Ms Frankcom and her colleagues were inexcusable. We condemn the Israeli strikes that caused them. It is clear that these deaths were a consequence of a failure of Israel defence force controls, errors in decision-making, misidentification, a failure to comply with senior command direction, and a violation of Israel defence force procedures and rules of engagement.

This incident should not have occurred. The government appointed Air Chief Marshal Binskin as special adviser, to ensure that Israel's response is conducted in a manner consistent with these expectations and the expectations of the Australian people: to provide advice on the sufficiency and appropriateness of steps taken to hold those responsible to account and on the measures adopted to prevent such incidents happening again. Air Chief Marshal Binskin's report indicates that Israel's process is broadly in line with the approach that the Australian Defence Force would take in conducting an investigation. As his report makes clear, Israel's process for determining accountability is not over.

Today's motion demonstrates that nothing is exempt from pointscoring. The Liberals have criticised us for appointing Air Chief Marshal Binskin and for seeking to assure ourselves, the Australian people and Ms Frankcom's family that the process has been rigorous. The Greens criticise us for not doing enough. Both fail to recognise the real work this government has done, and continues to do, to ensure accountability and to ensure that humanitarian workers are protected.

The government will continue to press for full accountability, including any appropriate criminal charges. As the Minister for Foreign Affairs has said, we continue to advocate to Israel on behalf of the Frankcom family. The Military Advocate General of Israel is still to decide on further action. Australia's expectation remains that there be transparency about the Military Advocate General's process and decision. The Minister for Foreign Affairs, Senator Penny Wong, has raised this directly with her Israeli counterpart. Senator Wong has asked Air Chief Marshal Binskin to be available to provide additional advice to the government following the Military Advocate General's process.

The government also wants to ensure the tragic deaths of Zomi Frankcom and her World Central Kitchen colleagues are not in vain and will not be repeated. Australia is working with the United Nations and the international community to press Israel to reform its coordination and deconfliction with humanitarian organisations working on the ground to protect aid workers and civilians, because this was not a one-off incident. Civilians and humanitarian workers continue to be killed, and Australia is disturbed by reports emerging that 18 people, including six United Nations relief and works agency staff, were killed in a recent Israeli air strike on an UNRWA school in Nuseirat refugee camp. The government reiterates that this cannot continue.

I move:

That the question be now put.

Question agreed to.

Penny Allman-Payne (Queensland, Australian Greens) Share this | Link to this | Hansard source

The question is that the suspension be agreed to.