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Fuelling the flames in Gaza

Fuelling the flames in Gaza

Exploring the legal consequences for states and corporations involved in supplying jet fuel to the Israeli military

Publication

Lydia de Leeuw

Misa Norigami

28 May 2024

reading time 2 minutes

Summary

This briefing aims to inform efforts to prevent corporate involvement in war crimes and other crimes under international law being perpetrated in Gaza, and support genocide prevention efforts by third states, companies and civil society actors.
In the briefing, SOMO argues that companies supplying jet fuel may be considered to be providing material support to the military, aware of its foreseeable harmful effects. In line with international law and standards, companies should cease to provide supplies that can be used to enable, facilitate or exacerbate war crimes or other crimes under international law.
States should act to stop the transfer of such supplies to Israel, and an embargo on jet fuel and crude oil is an important means of achieving this.

The United States (U.S.) is a primary supplier of military provisions, including military jet fuel (known as ‘JP-8’), to Israel. U.S. company Valero has been a long-time and key supplier of JP-8 to Israel under contracts with the U.S. government. The JP-8 supplied by Valero is shipped from Corpus Christi port in Texas (U.S.) to Ashkelon (Israel) by vessels belonging to Overseas Shipholding Group. This shipping company is contracted directly by the Israeli government.

Israel may also import jet fuel for use by the military from some European states. However, the European Union (EU) and member states are not adequately transparent about their military exports to Israel. In addition to importing military jet fuel, Israel produces it in domestic refineries, which are owned by companies. The country imports crude oil, the raw material used to make jet fuel.

Download: Fuelling the flames in Gaza (pdf, 432.80 KB)

Since 7 October 2023, many credible actors have reported on war crimes committed by the Israeli Air Force, including indiscriminate attacks, which have left thousands of civilians dead and many more injured. The Air Force needs jet fuel to operate and carry out aerial operations. Based on the data gathered by SOMO, it is unlikely that Israel can carry out all of its military aerial operations over Gaza based solely on domestically produced fuel. The country has received regular shipments from the US for years and at least [six] shipments of JP-8 since October 2023.

Legal implications for corporate and state actors

The companies supplying jet fuel may be considered to be providing material support to the military. Moreover, given the widespread reporting on the impact of air strikes on Gaza and the credible reports of air strikes constituting war crimes, these companies have knowledge of the foreseeable harmful effects of their material support through the supply of jet fuel to Israel. The briefing notes the risk that the companies identified as involved in the jet fuel supply chain may face legal liability over their involvement in war crimes.

In line with international law and standards, companies should cease to provide supplies to Israel that can be used to enable, facilitate or exacerbate war crimes or other crimes under international law. The briefing argues that states should act to stop the transfer of such supplies to Israel and that an embargo on jet fuel and crude oil is an important means of achieving this.

The briefing concludes by underlining the legal obligation of states in light of the determination of the International Court of Justice, in the case concerning the Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip, that there is a plausible risk of Israel committing genocide against the Palestinians in the Gaza Strip. An embargo on the sale or transfer of jet fuel and crude oil to Israel, given the prominent use of air strikes on Gaza, may also, therefore, be considered relevant to the requirement to “employ all means reasonably available to them” to prevent genocide in Gaza “so far as possible(opens in new window) ”.