A group of Palestinian-British individuals took initial steps to bring British Petroleum (BP) to court on Tuesday, accusing the company of aiding and abetting war crimes and crimes against humanity in Gaza. The action led by Bimdman’s LLP alleges BP’s involvement through the continuous supply of crude oil to Israel, facilitated by the Baku-Tbilisi-Ceyhan (BTC) Pipeline, amidst ongoing military operations in Gaza since October 2023. The claimants, backed by the International Centre of Justice for Palestinians, aim to hold BP responsible for their suffering and press for the company’s immediate withdrawal from activities they allege exacerbate the conflict.

A detailed 36-page Letter Before Claim was sent to BP on December 19, outlining allegations against BP plc and the Baku-Tbilisi-Ceyhan Pipeline Company (BTC Co). The claimants, represented by the London-based Bindmans LLP, accuse BP of breaching international human rights commitments by supplying Israel with oil that supports its military activities.

The claim, supported by the International Centre of Justice for Palestinians, highlights BP’s essential role in oil transportation to Israel via the BTC Pipeline, majority-owned and operated by the company. Since the escalation of conflict in October 2023, over 45,000 deaths have been reported in Gaza, alongside severe destruction of civilian infrastructure and essential services.

The claimants argue that BP’s actions contravene international law principles, including, the UN Guiding Principles on Business and Human Rights, the prohibition of complicity in war crimes under customary international law, and BP’s own Human Rights Policy, which mandates avoiding contribution to human rights abuses.

Further reinforcing the claim, the International Court of Justice’s (ICJ) rulings in 2024 acknowledged a “real and imminent risk” of genocide in Gaza. Despite these assessments, BP allegedly continues to facilitate essential oil supplies for military operations.

The lead claimants have suffered grave personal losses due to the conflict. These include:

– A British citizen of Palestinian origin who lost 16 family members to airstrikes, with surviving relatives experiencing severe humanitarian distress in Gaza.
– Another claimant who has faced family fatalities and displacements, compounded by inadequate access to medical care and essentials.

Other participants in the case report enduring serious physical and psychological trauma, underlining the lawsuit’s emotional and human ramifications.

Bindmans LLP’s letter demands that BP cease the oil supply to Israel through the BTC Pipeline immediately and fully disclose documents related to its operations concerning oil supply to Israel. It further asks for a full admission of liability from BP asks asks the company to engage in mediation for assessing damages, as well as issue a public apology to the claimants.

The legal action seeks accountability from BP, urging the company to respect its human rights commitments, especially in conflict zones where its operations impact civilian safety and welfare.

Tayab Ali, Head of International Law at Bindmans LLP, emphasized the necessity for corporate accountability, stating, “This legal action marks a new phase in accountability for those complicit in alleged war crimes. The evidence suggests BP’s failures to adhere to its human rights policies have significantly contributed to the humanitarian disaster in Gaza.”

This comes as last month Ali said he was “preparing a £1,000,000 legal war chest to fight any attempt by the British Government to prevent the arrest and prosecution of suspected Israeli War Criminals in the United Kingdom or at the ICC”. On November 21, 2024, the International Criminal Court (ICC) issued arrest warrants for key Hamas and Israeli leaders, prompted by ICC Prosecutor Karim Khan KC’s request in May 2024. These warrants target Hamas military leader Diab Ibrahim al-Masri (known as Deif) for war crimes and crimes against humanity stemming from the October 7, 2023 attack in Israel and Gaza.

Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant are also charged with war crimes and crimes against humanity, citing their roles in exacerbating humanitarian crises in Gaza. The ICC, established under the Rome Statute, aims to address severe international crimes like genocide and war crimes when states are unwilling or unable to do so themselves. Although Israel is not a party to the Rome Statute, the ICC claims jurisdiction due to Palestine’s state party status. To proceed, the ICC must confirm charges through sufficient evidence in pre-trial hearings, although trials depend on the apprehension of suspects, a process complicated by geopolitical and legal challenges regarding immunity and cooperation from states. The warrants signify significant legal and political ramifications, particularly for the 124 state parties obliged to cooperate with the ICC’s mandates.