23 December 2024 – Palestinian victims of Israel’s bombing of Gaza have taken the first step in issuing a formal legal claim in a British court against BP plc and the Baku-Tbilisi-Ceyhan Pipeline Company (“BTC Co”), alleging complicity in fuelling ongoing violations of international law and human rights in Gaza.

A detailed 36 page Letter Before Claim, sent to BP on 19 December, outlines the claim which arises from the continued supply and facilitation of crude oil to Israel through the Baku-Tbilisi-Ceyhan (BTC) Pipeline operated by BP, despite well-documented allegations of war crimes, crimes against humanity, and genocide arising from Israel’s military operations in Gaza since October 2023.

The legal action is brought by Palestinian victims of Israel’s bombing supported by the International Centre of Justice for Palestinians. The claimants are represented by London law firm Bindmans LLP.

Context of the claim

The legal claim highlights BP’s role as a key supplier of oil to Israel via the BTC Pipeline. This pipeline, a critical infrastructure component for oil transportation, is majority-owned and operated by BP. Since October 2023, over 45,000 deaths have been reported in Gaza, with extensive destruction of civilian infrastructure, widespread displacement, and the collapse of essential services such as healthcare and food distribution.

Grounds for legal action

The civil tort claim alleges that BP’s actions breach its stated commitments to human rights under international law, including:

• The UN Guiding Principles on Business and Human Rights.
• The prohibition of complicity in war crimes and crimes against humanity under customary international law.
• Obligations under its own Human Rights Policy, which require BP to avoid contributing to human rights abuses.

The claim further references the International Court of Justice’s (ICJ) rulings in 2024, which acknowledged the “real and imminent risk” of genocide in Gaza. Despite these findings, BP has continued to facilitate oil supplies, essential for Israel’s military operations.

Claimants’ experiences

The lead claimants in the case include individuals who have suffered significant losses due to the ongoing conflict. These include:

• A British citizen of Palestinian origin who lost 16 family members to Israeli airstrikes and whose surviving family members in Gaza face dire humanitarian conditions.
• A second British Palestinian claimant whose relatives in Gaza have suffered fatalities and displacement, with some dying due to lack of access to medical care and essential supplies.
• Additional claimants who have endured catastrophic physical and psychological harm including amputations and loss of family members.

Support from the International Centre of Justice for Palestinians

The claimants are supported by the International Centre of Justice for Palestinians (ICJP), a prominent legal advocacy group dedicated to promoting accountability and justice for Palestinian communities. The ICJP has been instrumental in documenting evidence, supporting victims, and amplifying the voices of those affected by the ongoing conflict. Their involvement underscores the gravity of the allegations and the urgent need for corporate responsibility in conflict zones.

Legal demands

Bindmans LLP has issued a Letter Before Claim to BP, outlining the following demands:

1. Immediate cessation of oil supply to Israel and facilitation through the BTC Pipeline.
2. Full disclosure of relevant documents, including policies, contracts, and risk assessments relating to BP’s operations in connection with oil supplied to Israel.
3. Admission of liability and a commitment to mediation for assessing damages.
4. A public apology to the claimants for the harm caused.

The claim underscores BP’s responsibility to uphold its human rights commitments,
particularly in conflict zones where its activities have a direct impact on civilian lives.

Tayab Ali, Head of International Law at Bindmans LLP and Director at ICJP 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.

This has been covered in The Guardian here.

ENDS

About ICJP

The International Centre of Justice for Palestinians (ICJP), found at www.icjpalestine.com, is an organisation dedicated to advocating for the legal rights of Palestinians on the global stage. Its primary focus is to use legal mechanisms to challenge injustices faced by Palestinians and hold accountable individuals, corporations, and governments that may be complicit in violations of international law.

About Bindmans LLP

Bindmans LLP is a leading law firm specialising in human rights, public law, and international justice. The firm has a long-standing reputation for upholding human rights law and values.