Lawsuit Against British Petroleum

Palestinian victims of the war in Gaza are taking legal action against British Petroleum or BP for running a pipeline that supplies much of Israel’s crude oil. November 2023 or 13.5 months ago, Israel granted BP a license to explore for gas near Gaza. Climate activists accused the company of profiting from genocide.

The claimants have sent the British oil company a letter before claim, alleging it is breaching its stated commitments to human rights under international law.

BP owns and operates the Baku-Tbilisi-Ceyhan pipeline, through which Azerbaijan supplies Israel with crude oil. The pipeline, which runs through Azerbaijan, Georgia and Turkey, from where the oil is then transported by ship, provides 28% of Israel’s crude oil supply.

Oil supplies are critical for Israel’s military operation, and it has been reported that oil from this pipeline is being sent to a refinery that produces jet fuel for military planes which are dropping munitions on Gaza.

[link poem IF I MUST DIE 350 languages]

Last November or 6 weeks ago, Energy Embargo for Palestine, Filistin İçin Bin Genç and Global Energy Embargo for Palestine are issuing a call to action to groups around the world to act and apply pressure on the actors complicit in fuelling the Israeli genocide via the Baku-Tblisi-Ceyhan oil pipeline.

It takes a pluralistic approach to the supply chain: economic, logistical and political with the ultimate goal of having an impact on oil supplies to Israel by raising the cost of business as usual. This is a multi-phased campaign. The first phase is popularising the call for an end to oil supplies to the Israeli genocide, with a particular focus on COP29 which takes place in Baku, Azerbaijan [last month].

The Turkish President Erdogan has criticised Western actors and the Zionist genocide in Palestine, claiming that “Türkiye has been doing everything in its power for the immediate termination of Israel’s barbarity that has claimed 40 thousand lives over the past 10 months”. However, there has been no restrictions on the export of energy to Israel. Turkey relies on its PR image of being a state that supports Palestine; whilst Turkish groups are well placed to exploit this contradiction in the Turkish political sphere.

Another pressure point is the isolation of BP, exposing its complicity in the genocide, and targetting its reputation and social licenses. SOCAR can also be targeted through its institutional partnerships. Other avenues include international logistical pressure points such as oil companies that charter ships transporting Azeri oil to Israel (Oilmar (UAE), Petraco (Switzerland), SOCAR and its subsidiary SOCAR Trading (Azerbaijan), BOTAŞ (Turkey), Vitol (Switzerland) and Glencore (Switzerland)).

Azerbaijan’s Energy minister, Mukhtar Babyev, who was formerly the Vice-President of Ecology at SOCAR and has spent 26 years working in SOCAR, has been announced as the president for COP-29. Additionally, Tony Blair, who was involved in lobbying for the BTC oil pipeline in Azerbaijan and BP’s operations in Iraq following his invasion, via his organization Tony Blair Institute for Global Change, has sought to assist in running the climate summit.

Awkwardly, former Finnish PM, Sanna Mirella Marin, currently high-rank advisor of Tony Blair Institute for Global Change, was write an Op-Ed:

“The global transition away from fossil fuels will require a transformational shift in energy production and industrial processes. And even then, much more work will need to be done to develop a genuinely circular and green economy. Different countries will have different needs and advantages. But the best solutions will be the ones that can be scaled up in industrialized and developing countries alike.

The bottom line is that global emissions must peak soon if we want to achieve our emissions-reduction targets and avert future climate disasters. The full suite of promising new technologies will need to be developed, optimized, and deployed globally if we are going to create a fully climate-neutral, circular world economy.”

Back to lawsuit:

The letter states: “Israel relies heavily on crude oil and refined petroleum imports to run its large fleet of fighter jets, tanks and other military vehicles and operations, as well as the bulldozers implicated in clearing Palestinian homes and olive groves to make way for unlawful Israeli settlements. Some fuel from refineries goes directly to the armed forces, while much of the rest appears to go to ordinary gas stations where military personnel can refuel their vehicles under a government contract.” It asks that any case is heard in a British court as BP and the claimants are based in England.

The legal letter claims BP has violated the UN guiding principles on business and human rights, as well as the prohibition of complicity in war crimes and crimes against humanity under customary international law and obligations under its own policies, which require BP to avoid contributing to human rights abuses. A UN commission has found that Israel has committed war crimes during the conflict in Gaza. The UN general assembly has also approved resolutions demanding an immediate ceasefire. At least 42,000 people have been killed in the conflict.

Tayab Ali, the head of international law at Bindmans law firm and director at the International Centre of Justice for Palestinians, both of which are working with the claimants, said: “This legal action marks a new phase in accountability for those that are complicit in alleged war crimes and crimes against humanity. The evidence against BP demonstrates a clear failure to adhere to its own human rights policies and international law.

“By facilitating the transport of oil that fuels military operations in Gaza, BP has contributed to the humanitarian catastrophe unfolding in the region. Our clients seek justice for the profound suffering and loss they have endured and call on BP to act responsibly by immediately halting its involvement.”

In detail announcement by Mr Tayab Ali:

In a groundbreaking move, on behalf of Palestinian victims of alleged war crimes, Bindmans LLP has commenced the first step in a landmark legal claim against BP plc and the Baku-Tbilisi-Ceyhan Pipeline Company (BTC Co) by issuing a formal Letter Before Claim for a Civil Tort Negligence claim. The claim alleges complicity in fuelling ongoing violations of international law and human rights in Gaza and focuses on BP’s continued supply and facilitation of crude oil to Israel via the BTC Pipeline, a critical infrastructure operated and majority-owned by BP. Since October 2023, the humanitarian crisis in Gaza has escalated catastrophically, with over 43,000 deaths, massive displacement, and the collapse of essential services. Despite this, BP’s oil continues to reach Israel, fuelling military operations that have been linked to alleged human rights abuses, including war crimes and genocide. The claimants are supported by the legal advocacy group, the International Centre of Justice for Palestinians, who were also instrumental in gathering evidence of BP's alleged negligence and potential complicity in war crimes. The Letter Before Claim seeks:

An immediate halt to BP’s supply and facilitation of oil to Israel.

Full transparency through the disclosure of relevant documents and policies.

BP’s admission of liability and commitment to mediate damages.

A public apology for the harm caused to the claimants. The Human Impact: Our clients include individuals who have lost loved ones and suffered severe physical and psychological harm as a direct result of Israel's attacks in Gaza. This case is about seeking justice for them and holding BP accountable for its role in exacerbating the suffering. A Message from Tayab Ali, Partner at Bindmans LLP "The evidence against BP highlights an apparent failure to adhere to its human rights commitments. By facilitating oil transport to Israel’s military infrastructure, BP may have contributed to a humanitarian catastrophe. Our clients deserve justice, and we urge BP to act responsibly and halt its involvement immediately."

The lead claimants are people of Palestinian origin who have suffered vast losses as a result of the conflict. They include a British citizen who lost 16 family members to Israeli airstrikes and whose surviving family members in Gaza face dire humanitarian conditions. Another claimant is also British-Palestinian, and their relatives in Gaza have suffered fatalities and displacement, with some dying due to lack of access to medical care and essential supplies. Other claimants include those who have faced catastrophic physical and psychological harm including amputations and loss of family members.

The legal letter demands BP immediately ceases supply and facilitation of oil supply to Israel through the pipeline, and that the oil company provides full disclosure of relevant documents, including policies, contracts, and risk assessments relating to BP’s operations in connection with oil supplied to Israel. The claimants are also asking for admission of liability and a commitment to mediation for assessing damages and a public apology for the harm caused.