The family of a British aid worker killed in Gaza in April has urged the government to launch an independent legal inquiry into his death.
James Kirby was one of three Britons killed in Israeli drone strikes on an aid convoy run by the World Central Kitchen (WCK) charity.
Ahead of a memorial service for Mr Kirby at Bristol Cathedral on Wednesday, the family also criticised the government for not being in touch since his death and expressed their “surprise” at not receiving any contact or condolence from Israel’s ambassador to the UK or any Israeli official since the attack.
In a statement to the BBC, a spokesperson for Israel’s embassy in London called the incident “a tragic mistake” and expressed their “deepest sorrow” to James’s family, adding that the IDF dismissed two people following an investigation into the incident.
Speaking on behalf of the family, James’s cousin, Louise Kirby, said: “There must be a proper, independent inquiry into this attack on innocent aid workers, and for the evidence to be assessed, if appropriate, in a relevant court of law.
“However, unfortunately, families have had no contact from the UK Government since James and his colleagues’ deaths, nor have we received any information as to whether a credible, independent investigation is taking place; or of the results of any investigation if it has taken place.”
She added: “I very much hope the prime minister will take our concerns seriously and instigate an appropriate, independent or legal inquiry – not only so we can have transparency and accountability, but so that other British citizens and their families know that their government will act for them, if a foreign state unlawfully kills their loved ones.”
James Kirby, 47, a former serviceman, was one of seven killed in the air strikes on an aid convoy run by WCK on 1 April.
Two other Britons – John Chapman, 57, and James Henderson, 33 – were also killed. They were providing security for the convoy moving food to a warehouse in Gaza.
The IDF has said a drone operator mistakenly targeted the convoy after thinking it had been taken over by Hamas gunmen.
Three missiles were fired in three locations over five minutes. The first missile hit a car and some passengers escaped to another vehicle. That was then hit by a second missile. Some survivors tried to flee in a third car which was also struck. Everyone in the convoy was killed.
After an internal investigation, the IDF sacked two officers and formally reprimanded two senior commanders.
The evidence from the investigation was passed to the military advocate general – the Israeli army’s top legal authority – to determine if there had been any criminal conduct.
A spokesperson for Israel’s embassy in London said: “This incident was a tragic mistake and we express our deepest sorrow to James Kirby’s family, the other bereaved families, including those of John Chapman and James Henderson, and the entire World Central Kitchen team, who were doing such vital work in extremely challenging circumstances.
“As outlined by the IDF’s Fact-Finding and Assessment Mechanism (FFAM) in the in-depth independent investigation, conducted following the incident, a serious failure was made due to a mistaken identification as well as errors in decision-making.
“In light of this, a brigade fire support commander and brigade chief of staff were dismissed. Once again, we express our deepest condolences and sorrow to the families of the bereaved and the WCK team.”
In the wake of the attack, the then-Prime Minister, Rishi Sunak, called for a “thorough and transparent independent investigation” into what had happened.
In the statement, Louise Kirby thanked friends and supporters – including WCK – for their support. She said the family had been touched to receive personal letters of condolence from the King and Queen and the former Foreign Secretary, Lord Cameron.
But she said “the murder” of James and his fellow aid workers was “a diabolical tragedy” and the family were “still struggling to find answers and accountability for what happened”.
She said that, given Israel had said the strikes were an accident, the family had been surprised not to have had any contact or message of condolence from Israel’s ambassador to the UK, nor from any Israeli official.
“Any family of a loved one who has been killed needs closure. We need to understand how this disaster could have happened,” she said.
“But this is not just about us. This is about how Britain looks after its own citizens and their families, when a British citizen has been unlawfully killed by another state.”
Ms Kirby added: “We appreciate the compassion and respect we have been shown, but we must also have transparency and accountability. How did this happen? Who is responsible? What accountability did they face?
“Just saying ‘sorry it was an accident’ is not enough. We need to know, and we need to know there has been accountability at all levels, so it never happens again.”
A government spokesman said the bereaved families were being supported by police liaison support officers who were “regular contact” with the Foreign Office.
“The death of James and his fellow aid workers was horrific and our thoughts remain with their families,” the spokesperson said.
“Attacks on aid workers are never justified and we remain fully committed to their protection as they support some of the most vulnerable people in the world.”
“There must be an immediate ceasefire to protect civilians and aid workers, secure the release of all hostages and ensure much more aid gets into Gaza. Israel must guarantee the protection of aid workers and ensure a tragedy like this cannot happen again.”
The spokesperson did not address the families’ demand for an independent inquiry.
Israel launched its military campaign in Gaza in response to Hamas’s unprecedented attack on southern Israel on 7 October during which about 1,200 were killed and 251 were taken hostage.
More than 40,000 people have been killed in Gaza since then, according to the territory’s Hamas-run health ministry.
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