The scope of the inquest into the deaths of three British aid workers killed by a drone strike in Gaza is set to be expanded to include the IDF and the commander who allegedly ordered the attack.
James Kirby, 47, from Bristol, John Chapman, 57, from Poole, Dorset, and James “Jim” Henderson, 33, from Falmouth, Cornwall, died in the incident.
They were among seven World Central Kitchen (WCK) workers fatally injured when a three-car convoy was hit on April 1, 2024.
The three men, who had all previously served in the British Armed Forces, worked for Dorset-based security firm Solace Global.
During a hearing at Avon Coroner’s Court on Monday, Senior Coroner Maria Voisin considered the scope of the full inquest and submissions by legal teams.
Alison Hewitt, counsel to the inquest, said submissions had been made to grant interested person status – giving the right to participation during the proceedings – 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 Defence Forces and, it is said, specifically by Colonel Mendel,” Hewitt said.
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”.
It is anticipated that Voisin, who also said she was likely to grant the status to the family of Australian national Lalzawmi “Zomi” Frankcom, will confirm her position in writing in the near future.
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 have 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 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.
Legal teams have proposed this is extended to cover the steps taken by the IDF and Israeli Ministry of Defence to protect the lives of humanitarian aid workers in Gaza.
It should also consider how the IDF and World Community Kitchen worked together, and what information the IDF received prior to the strikes about the WCK’s operations on April 1, they say.
The IDF has admitted that it coordinated the route of the convoy with the WCK but said that an armed guard travelling with the convoy had not been flagged to the military before it set off and was wrongly identified as a Hamas fighter, and that the vehicles had deviated from the route, claims which the WCK has denied
Two officers involved in the strike were dismissed, while three more were formally reprimanded.
Hewitt said barristers had asked that the question of “whether any information came from the involvement of any British military, particularly the Royal Air Force” be included in the inquests’ scope.
The inquest heard an RAF plane was allegedly flying over Gaza that day.
Hewitt added that 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”.
Pete Weatherby KC, representing the families of Henderson and Chapman, also called for the context to be considered of seven previous strikes by the IDF on aid workers in the six months before the attack.
“A matter of public concern and great importance is to know whether the drone and munitions used were made fully or in part, or research and development was undertaken, in the UK,” he added.
Weatherby referenced Elbit, which he said had a number of factories in the UK, adding “the centrepiece of the operation is very close to where we are now in Bristol”.
“Evidence should be obtained from Elbit and they should be invited to take part in the process,” Weatherby said.
Voisin replied that she was “happy to keep matters under review, pending inquiries”.
The hearing was told that the Metropolitan Police has been gathering material for the inquest.
Further evidence to be disclosed could include a request to the UK Government for clarification as to whether information was passed from the RAF to the IDF on April 1, it heard.
An interview by Australian news outlet ABC News with Colonel Mendel, including unedited recordings or transcripts, could also be asked for.
In the interview, Mendel defended ordering the strike, saying: “I'm not sorry for what I did.”
Voisin 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 is currently unclear how long the inquests could take.
The matter of whether a jury would hear the inquests will be decided at a later date, she added.
A further pre-inquest review has been listed for April 5.
The group was travelling in a convoy, which had left a WCK warehouse, when Israeli armed drones fired at their marked vehicles.
Australian national Frankcom, 43, also died, as did dual American-Canadian citizen Jacob Flickinger, 33, Polish national Damian Sobol, 35; and their driver, Palestinian Saifeddin Issam Ayad Abutaha, 25.
Following the incident, the Israeli Embassy said a “serious failure was made” thanks to mistaken identification and errors in decision-making.
However, the IDF declined in August to open a criminal probe into the strike, saying: “Notwithstanding serious failures in the process that led to the assessment that Hamas operatives were travelling in the vehicles, the decisions of the commanders did not raise reasonable suspicion of criminal misconduct.
“This conclusion was reached in view of the sequence of suspicious indicators and the totality of the operational circumstances.
“Accordingly, it was determined that there is no reasonable suspicion of criminal misconduct that would justify the opening of a criminal investigation.”
The British government said at the time that it was “appalled” by the decision.
Middle East Minister Stephen Doughty wrote on X: “For more than two years, we have pressed the government of Israel to deliver the justice and accountability that the families deserve.
“This is not good enough. We have raised this with the Israeli authorities today and will continue to push for urgent answers.”
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”.
“In August, the Israeli military said there would be no criminal case,” McGuire said.
“About a week later, the colonel who gave the order was interviewed on television and said he was not sorry.
“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.”
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