Israel’s swift investigation into the killings of seven aid workers by Israeli forces in Gaza has rightly not satisfied the victims’ families, their employer World Central Kitchen, or the Australian government.

The Israeli investigation has admitted the killings were a “grave mistake” involving “mistaken identification, errors in decision-making” and breaches of orders and rules of engagement. It claimed information about the convoy was not shared within the Israel Defence Forces and that aid logos marking the vehicles were not visible at night. Two officers will be dismissed, another two reprimanded, and the case will be referred to military prosecutors.

Australia declared Israel has not appreciated the gravity of the killings and called for full accountability and transparency and “appropriate action” on the “utterly inexcusable” deaths. The government correctly rejects apologist claims that these are merely fog-of-war or friendly-fire glitches, or that everything is Hamas’ fault, or that self-defence justifies everything.

Foreign Minister Penny Wong has appointed Air Chief Marshal Mark Binskin as Australia’s special adviser to review the investigation. Wong insisted that evidence be preserved, telegraphing the government’s lack of confidence in the Israeli military justice system.

Whether Israel takes Australia’s concerns seriously depends on what happens in the criminal investigation. At least three possible war crimes must be examined: First, even if the aid workers were not intentionally targeted, it is a war crime to recklessly kill civilians. International law requires an attacker to take all feasible precautions to verify that a target is military and not a protected civilian, and to minimise any incidental civilian casualties.

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It is highly relevant that the vehicles were clearly marked with aid logos and were travelling on an approved route for aid vehicles, and that the group had notified of their journey in advance. According to the Israeli investigation, the IDF merely “assumed” Hamas fighters had joined the convoy. Targeting decisions were made quickly and without an immediate threat to Israeli forces.

Secondly, it is a war crime to launch an indiscriminate attack, meaning one that fails to differentiate between military targets and civilians. Attacking all three vehicles without properly verifying the identity of their occupants may fall into this category.

Thirdly, it is a war crime to launch an attack expected to cause excessive civilian casualties relative to the military advantage anticipated. Attacking three presumptively civilian vehicles, which could potentially carry up to 15 people, to kill only two unknown Hamas fighters would likely be disproportionate if the vehicles were carrying civilians.