"Fuelling the flames in Gaza", 28 May 2024

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.

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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”.

Prior to publication of this report, SOMO contacted Ashdod Refinery Limited, Bazan Group, Israel Petrochemical Enterprises Limited, Overseas Shipholding Group, Paz Aviation Services, Paz Oil, and Valero, sharing our findings and giving the companies a right of reply. SOMO received a response from Paz Oil with a correction, which is reflected in this briefing.