Countries and corporations continuing to supply fuel to Israel may be complicit in war crimes and crimes against humanity, exposing them to possible prosecution under international law, according to new research. The findings come amidst mounting international pressure to halt Israel’s military assault on Gaza, adjudged by the International Court of Justice (ICJ) in January to be a plausible genocide. Israel’s deadly assault on the Palestinians in the Gaza Strip has killed more than 40,000 people since October last year, most of them women and children, making it the most destructive and deadly assault on a civilian population in this century.
The study conducted by Data Desk and commissioned by Oil Change International, tracked 65 oil and fuel shipments to Israel between 21 October 2023 and 12 July 2024. It reveals that despite the ICJ ruling on 26 January which determined that Palestinians in Gaza have been subjected to a plausible genocide, many countries and companies have continued to supply oil to Israel, potentially fuelling its military operations in Gaza.
The research identifies several key suppliers, with Azerbaijan emerging as the leading source, providing 28 per cent of the crude oil supply via the Baku-Tbilisi-Ceyhan (BTC) pipeline. Other significant suppliers include Kazakhstan, Gabon, Nigeria, Brazil, the Republic of Congo and Italy. Notably, the US remains a crucial supplier of JP8 jet fuel, which is essential for Israel’s military aircraft operations.
Francesca Albanese, the UN special rapporteur on the occupied Palestinian territory, issued a stark warning in response to the findings: “After the 26 January ICJ ruling, states cannot claim they did not know what they were risking to partake in.” She emphasised that under international law, states have obligations to prevent genocide and respect and ensure respect for the Geneva conventions.
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The involvement of major international oil companies has also come under scrutiny. The report highlights that Chevron, BP, ExxonMobil, Shell, Eni and TotalEnergies collectively supply 35 per cent of the crude oil to Israel through their operations and ownership stakes in various projects.
Dr Irene Pietropaoli, Senior Fellow in Business and Human Rights at the British Institute of International and Comparative Law, provided expert insight into the potential legal ramifications: “Corporations supplying jet fuel and oil to Israel may be providing material support to the military, aware of its foreseeable harmful effects, and therefore risk complicity in war crimes, genocide and other crimes under international law.”
The timing of these shipments is particularly concerning. The research reveals that 35 out of the 65 tracked shipments (54 per cent) departed their ports of origin after the ICJ’s January ruling. This suggests a blatant disregard for international legal opinions and raises questions about the effectiveness of current mechanisms to enforce compliance with international law.
The US role in this supply chain has drawn particular attention. The research indicates that four tankers of American jet fuel, primarily used for military aircraft, have been shipped to Israel since the start of its aerial bombardment of Gaza in October. More alarmingly, three of these shipments left Texas after the landmark ICJ ruling.
The implications of these findings extend beyond immediate military operations. Israel’s heavy reliance on crude oil and refined petroleum imports to run its large fleet of fighter jets, tanks and other military vehicles, as well as the bulldozers used to demolish Palestinian homes and olive groves, underscores the broader impact of these fuel supplies. Israel would not be able to maintain its illegal occupation without the international supply chain.
UN experts have responded to these revelations with calls for immediate action. Many are advocating for sanctions and an energy embargo to prevent further human rights violations against the Palestinian people. The UN Human Rights Council resolution in March specifically highlighted that the sale and transfer of jet fuel – and arms – “increase the ability of Israel, the occupying power, to commit serious violations.”
The legal implications for countries and corporations involved in these fuel supplies could be significant. Historical precedents, such as the Nuremberg trials where corporate officials were held directly responsible for their material assistance to crimes committed by the Nazi regime, suggest that there could be serious legal consequences for those found complicit in supporting potential war crimes or acts of genocide.
Moreover, the UN Guiding Principles on Business and Human Rights clearly outline the obligations of businesses and other non-state actors to respect human rights and abide by international humanitarian law, over and above compliance with national laws. This all places an additional layer of responsibility on corporations involved in supplying fuel to conflict zones.
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