Storm on ENI:Israel has given it a mandate to plunder Palestinian oil

On Tuesday 6 February the US law firm Foley Hoag LLP sent a letter to the Italian oil company ENI and to two other companies operating in the energy field, warning them not to start any kind of activity in the maritime areas of the Gaza Strip which constitute the Exclusive Economic Zone (EEZ) of Palestine, contrary to what was granted by the Ministry of Israeli energy.Humanitarian associations referred to the law firm Al-Haq, At Mezan, and the Palestinian Center for Human Rights, supported by the Legal Center for Arab Minority Rights in Israel Adalah, who in turn sent a letter to Israeli Energy Minister Eli Cohen.Previously, on October 29, 2023, the Ministry of Energy itself released six licenses for the exploration and exploitation of waters off the Gaza Strip which fall within the "Zone G" of the contract, of which approximately 62% falls within the Palestinian EEZ as outlined in the declaration of 2019, and in accordance with the provisions of United Nations Convention on the Law of the Sea signed by Palestine in 2015.

The Palestinian newspaper released the news Al-Quds, while in Italy it was disclosed by a detailed article by Foreign pages.The concessions under discussion were issued after fourth phase of offers launched by the Israeli Ministry of Energy on December 4, 2022, which concerned an area of 5,888 kilometers squares divided into four areas, which are in turn divided into blocks:Zone E, made up of three blocks for a total of 1,127 square kilometers, Zone G, made up of six blocks for a total of 1,732 square kilometers, Zone H, made up of five blocks for a total of 1,527 square kilometers and Zone THE.On 29 October, six licenses were granted for Zone G and the same number for Zone I.Specifically, the Zones H and E constitute Palestinian EEZ respectively for the 73,9% and for the 5,4% of their area, while the Zone G is 62.2% Palestinian.

The humanitarian associations released their joint statement on Thursday 8 February, and in it they denounce the "illegal gas exploration licenses off the coast of Gaza", calling for the "revocation of tenders that violate international law".In her letter, dated February 5, however, Adalah asks them to come revoke the licenses for exploration in the areas of Zone G under Palestinian rule, races cancelled which includes Palestinian EEZs, prevent them from being signed further contracts relating to Zone G, e stop any activity concerning the exploitation of gas in Palestinian maritime areas.Finally, the law firm Foley Hoag LLP turns to ENI, the British company Dana Petroleum Limited, and the Israeli Ratio Petroleum, informing them of the illegitimacy of the Israeli tender in which they participated, and urging them to refrain from signing and carrying out activities off the coast of Gaza.In his opinion, the lawyer Lawrence H.Martin says he is aware that Israel in 2020 released a Note in which he writes that he “will not permit any non-consensual or unauthorized activity” in waters claimed by Palestine, yet at the same time “Palestine also has the right to block non-consensual or unauthorized activities” in those same waters.

Foley Hoag LLP also warns affected companies that Israel appears to be “placing the risk of this situation entirely on your shoulders,” as Section 17.1 of the model license agreement states that “the licensee acknowledges and agrees that the area described is part of the Exclusive Economic Zone of the State of Israel, which has not yet been fully delimited”;for this reason if during the term of the license "an area or areas are deducted from the area described above [the Israeli EEZ]", the license area will be reduced "without any compensation”.In short, in the license to exploit Palestinian waters, since they are not recognized in Tel Aviv, Israel passes the proverbial buck to the energy companies, warning them that if those waters were to be recognized in Palestine, they will not be compensated.Although the issue of recognition of the waters is particularly controversial from a legal point of view, the lawyer Martin was keen to underline how "any attempt to explore and exploit the natural resources claimed by Palestine risks violate International Humanitarian Law, including the Employment Act”.In fact, he reminded societies that Israel is in this moment under accusation for violating the Genocide Convention and that the Hague Court itself "has jurisdiction to investigate and prosecute any individual(s) it finds responsible for committing war crimes, including looting”.

In short, although the question seems intricate, it is perhaps much more linear than it appears:in the face of the massacre that Israel is perpetrating in the Strip, ENI and any other company involved in the exploitation of Palestinian territory could be accused of violating international law and of being protagonists of real war crimes.

[by Dario Lucisano]