Boycott, Divestment, Sanctions (BDS) is a Palestinian-led movement for freedom, justice and equality. BDS upholds the simple principle that Palestinians are entitled to the same rights as the rest of humanity. The BDS objective in respect of energy corporations doing business in the occupied Palestinian territory (oPt) or having business relations with Israel or Israeli corporations is clear: to ensure that energy corporations do not directly or indirectly contribute to violations of Palestinian rights as stipulated in international law, and to hold them accountable when they do.
This document outlines the international legal framework that informs the BDS campaign strategy in this respect. It reflects the general rules and principles of international law applied to the situation in the occupied Palestinian territory, in particular in light of the recent decisions by the International Court of Justice, the International Criminal Court, and various United Nations bodies.
The principles underpinning the BDS campaign are rooted in the understanding that international law requires:
- All States to take active steps to ensure that companies within their jurisdiction do not engage in conduct that would entail recognition of, or provide aid or assistance in maintaining the unlawful situations created by Israel's international crimes and violations of peremptory norms of international law ("ground rules" of international law that no country is allowed to break or opt out of);
- Companies to avoid direct or indirect complicity in Israel's international crimes and serious human rights violations; and
- Energy companies to avoid all involvement with Israel's energy sector, since there is no feasible way to ensure that such involvement will not contribute to serious violations of peremptory norms of international law or conduct that forms the gravest of international crimes, including genocide and apartheid.
Further to outlining the legal standard that informs the BDS policy, this document provides concrete examples of companies that the BDS movement has targeted or may target based on the movement’s strategic criteria. These choices have been made by applying international law to the conduct of energy companies including: Chevron, Vitol, Eni, and Dana.
This document will be regularly updated as legal or factual developments unfold.