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Halliburton to Pay 1.1 Billion in Damages for Its Role in Largest Oil Spill in U.S. History

By Kathryn Maureen Ryan
Impunity Watch Managing Editor

Washington D.C., United States of America – Halliburton, North America’s largest oilfield services provider has reportedly reached a $1.1 billion settlement for the majority of claims related to its role in contributing to the BP (formally British Petroleum) Deepwater Horizon Oil Spill in the Gulf of Mexico in 2010. The settlement, which includes legal fees, was announced on Tuesday and would be paid in three instalments into a trust until appeals are resolved over the next two years. The settlement is subject to approval by the U.S. District Court for the Eastern District of Louisiana, Halliburton said. The company announced the settlement on their website in broad terms without providing any statements form company executives.

The Deepwater Horizon oil spill, also known as the Macondo blowout, caused the largest oil spill in United States history effecting 2,500 to 68,000 square miles of the Gulf of Mexico. The spill called into question the safety of the controversial practice of deep sea oil exploration.

The settlement would protect Halliburton from certain punitive damages if the court were to rule later that the company had been negligent or ‘grossly negligent’ for its role in contributing to the blowout, the company’s Chief Financial Officer Mark McCollum said. Following the announcement Halliburton’s shares were down 0.18 percent at $67.49 in afternoon trading on the New York Stock Exchange. “We think this is a smart move by Halliburton,” said Stewart Glickman, an equity analyst at S&P Capital IQ. “While state claims by Louisiana and Alabama remain, we think this trims legal overhang.” Rig contractor Transocean, which employed nine of the 11 workers killed on the rig, agreed to pay $1.4 billion in settlement last year, while BP has paid about $28 billion so far.

The deal comes as Halliburton, BP and Transocean await a ruling form United States District Judge Carl Barbier in New Orleans on the degree to which each actor was negligent in the explosion and resulting oil spill. By settling, Halliburton would avoid the risk of higher damages if it is found to be grossly negligent. “This lifted the uncertainty and eliminated the impact of a potential negative ruling from Judge Barbier,” said Tom Claps, a litigation analyst at Susquehanna Financial Group.

Halliburton was BP’s cement contractor on the Deepwater Horizon drilling rig that exploded on Earth Day 2010. The explosion killed 11 workers and triggered the largest oil spill in United States history, spilling 4.9 million barrels of oil into the Gulf of Mexico over 87 days. The company was responsible for the placement of centralizers that are intended to help stabilize the well bore during the cementing process. Halliburton had earlier blamed BP’s decision to use only six centralizers – to save “time and money” – for the blowout that caused the explosion and massive spill.

David Uhlmann, a law professor at the University of Michigan and a former chief of the Justice Department’s environmental crimes section, said that Halliburton does not admit any liability in the settlement. However, he argues that the company never have agreed to pay more than a billion dollars unless there was substantial evidence that it was negligent.” The oil spill cost billions of dollars in economic damages for Gulf residents and the regional economy and threatened critical ecosystems in the region. The long-term economic and environmental impacts of the spill remain unclear.

For more information please see:

Al Jazeera – Halliburton to Pay $1.1bn for US Gulf Spill – 2 September 2014

Reuters – Halliburton to Settle U.S. Gulf Spill Claims For $1.1 Billion – 2 September 2014

The New York Times – Halliburton to Pay $1.1 Billion to Settle Damages – 2 September 2014

The Wall Street Journal – Halliburton to Settle Deepwater Horizon Claims For $1.1 Billion – 2 September 2014

Maduro Enraged by Negative Television Portrayal

By Delisa N. Morris

Impunity Watch Reporter, South America

CARACAS, Venezuela – While there hasn’t been much uproar in North America concerning the new TNT spy drama “Legends”, Venezuelan officials are enraged.

Venezuelan President Nicolas Maduro. Photo courtesy of Telegraph Co. UK.

Venezuelan officials are denouncing the show for portraying the socialist government stockpiling chemical weapons such as nerve gas to dispel protesters.  

The show has caused such a rift in the South American country that the telecommunications commission opened an investigation on Tuesday into the series.  The episode in dispute details a character that fingers President Maduro and the socialist party as purchasers of chemical weapons.  On Monday, the script was called hostile and ‘imperialist’ by the Minister of Information, Delcy Rodriguez.

The shows producer, Fox 21, has publicly apologized and detailed that the show was just fictional.

“The producers did not intend to imply that the show was reporting any actual events when it mentioned President Maduro’s name.  We sincerely apologize to President Maduro,”  stated the company.  

The episode in question is titled “Lords of War”, during which the main character intensely questions a terrorist about who was purchasing his chemical weapons.  After a drawn out bout the terrorist leaks the name of President Maduro and the PSUV (the made up socialist party acronym).  The terrorist goes on to say that the President and his socialist group are worried about civil unrest in Venezuela.

This past spring Venezuela was often in the news due to many of the country’s peaceful protests turned violent.  While President Maduro has been cited for violating several human rights in his harsh tactics to quell protestors, chemical weapons were never used.

On her personal twitter page, Rodriguez denounced the script, stating the brief scene had  “lies and manipulation” that were a part of a “Hollywood-type script typical in its imperialist actions against legitimate governments.”

The show, “Legends”, debuted in August only scoring a 58% on “Rotten Tomatoes.”  The show stars Sean Bean, who was famously killed off in the first season of “Game of Thrones”, as an undercover FBI agent.

The investigation currently holds no clear path, and it is unclear what the governments investigation will consist of.  On Tuesday, critics of the socialist government released 20-second versions of the clip with the heading, “the scene Maduro doesn’t want you to see.”

Venezuela has been in the eye of the US entertainment industry a few times before.  Other quells with the entertainment sector include a video game claimed to seek overthrowing former President Hugo Chavez, and portrayals of the country as a lawless place for escaped criminals on other network dramas.

So far no official repercussions have followed these incidents.

For more information please see,

ABC News – Venezuela Rails Against Portrayal in US Spy Drama – 2 September 2014

the guardian – Venezuela Outcry as US Drama Maligns Venezuelan President Nicolas Maduro – 2 September 2014

The Washington Times – Venezuela Rails Against Portrayal in US Spy Drama – 2 September 2014

Reuters – Venezuela Blasts U.S. TV Show Over Maduro Nerve Gas Plot – 2 September 2014

Call for Papers

Impunity Watch Law Journal at Syracuse University College of Law serves as both a law review and news outlet, with our interactive website serving as our primary publication platform. The goal of our web-based presence is to immediately alert the world to impunity issues as they arise and to provide open access to thoughtful, cutting-edge academic debate about impunity issues. In addition to our online presence, we publish a print copy of our journal every spring in our annual review.

Impunity Watch was created in 2007 by Professor David Crane, the founding Chief Prosecutor of the Special Court for Sierra Leone. Our website is read in over 212 different countries and territories, and some of our reports have been cited by BBC, CNN, and notable international blogs. Impunity Watch is also included in the U.S. Library of Congress database.

For our 2015 publication, we are seeking original scholarly works that provide insight or commentary on contemporary human rights and impunity issues. Preference will be given to pieces of reasonable length (no longer than 25,000 words) that utilize footnotes that are formatted in accordance with The Bluebook: A Uniform System of Citation (19th ed. 2010).

 

Submissions should be e-mailed to Bridget Kehm, Managing Editor:          bkehm@syr.edu

Our 2014 publication can be found at:

https://impunitywatch.com/journal/

 

Hamas Executes 18 Palestinians Suspected of Collaborating with Israel

By Thomas Murphy
Impunity Watch Reporter, Middle East

GAZA CITY, GAZA – Hamas has executed 18 Palestinians accused of collaborating with Israel.  The executions come one day after Israel killed three of Hamas’ top military commanders in an airstrike on a house in southern Gaza Strip.  The killings suggest an attempt to by Hamas to deter any future collaboration with Israel.

Palestinians watch outside of a mosque in Gaza as seven alleged Israel collaborators are executed by masked gunmen. (Photo Courtesy of Reuters)

Early Friday 11 people were killed, but whereabouts of the execution is uncertain.  Reports vary, claiming that the executions took place in the Gaza City police headquarters, an abandoned police station outside of Gaza, or in a public park in Gaza City.  These 11 were allegedly already sentenced to death for collaborating with Israel.

Seven more alleged collaborators were executed publicly in a central Gaza square later on Friday.  Masked gunmen dressed in black shot the victims outside a mosque after prayers had ended.  The victims had their heads covered and their hands tied.  Video footage showed blood running down the streets as children watched.

“The spies had their heads covered and were sitting by the wall outside the mosque,” said a witness at the mosque, who spoke on the condition of anonymity for fear of reprisal. “There were about 20 masked gunmen in the area. One of them said loudly that the death sentence is going to be carried out against seven collaborators.”

“They did not mention their names,” he added. “They shot them after that and then the militants left. People were shouting, God is great.”

Al Jazeera’s Jacky Rowland, reporting from West Jerusalem, said Israel’s intelligence services rely, in part, on informers to pinpoint the whereabouts of Hamas leaders.

“Israel has a long and successful history of recruiting collaborators and informers both in the West Bank and in the Gaza Strip, and they do so through a variety of different means: sometimes it is financial inducements; other times it is blackmail, bullying, threats, promises [and] maybe intimidating family members,” Rowland said.

The killings are reminiscent of executions that took place during Israel last Gaza offensive in 2012.  During that period at least seven vigilante executions took place, including one of a handcuffed man identified as Ashraf Ouaida.  Quaida’s bloody body was left beneath a billboard with a sign indicating that he aided in the killing of 15 Palestinian leaders.

For further information, please see:

Al Jazeera – Hamas executes 18 suspected informers – 22 August 2014

BBC –  Gaza: Hamas says 18 suspected informants executed – 22 August 2014

Haaretz – Hamas executes 18 ‘collaborators’ in Gaza – 22 August 2014

NY Times – Gazans Suspected of Collaborating With Israel Are Executed – 22 August 2014

Reuters – Gaza gunmen execute ‘collaborators’; mortar kills Israeli boy – 22 August 2014

United Nations Announces Panel to Probe War Crimes Allegations in Gaza

By Kathryn Maureen Ryan
Impunity Watch Reporter, Managing Editor

Gaza City, Gaza – The United Nations Human Right Council has named three experts to an international commission of inquiry into possible human rights violations and war crimes committed by both the Israeli government and Hamas during Israel’s military offensive in the Gaza Strip. The U.N. statement announcing the formation of the panel said the independent team will investigate “all violations of international humanitarian law and international human rights law” in the context of the military operations that have been conducted since 13 June 2014.

The Untied Nations has appointed a panel of experts to report on alleged war crimes committed in Gaza during Israel’s military offence against Hamas. the panel is to report to the Untied Nations Human Rights council by March 2015. (Photo courtesy of Al Jazeera)

William Schabas, a Canadian professor of international law was appointed to lead the panel. Critics have called Schabas anti-Israel and have complained that his leadership may lead to a bias investigation. Schabas has reportedly made several statements criticizing Israel leadership in the past and once declared, “My favorite would be Netanyahu within the dock of the International Criminal Court.” However, Schabas has written off critics saying that any suggestion that he is somehow anti-Israel is absurd. He said, “I have opinions like everybody else about the situation in Israel,” he said. “They may not be the same as Hillel Neurer’s [head of the Geneva based group U.N. Watch] or Benjamin Netanyahu’s, that’s all.”

The other members of the panel included Doudou Diene, a Senegalese veteran U.N. human rights expert and Amal Alamuddin, a British-Lebanese lawyer engaged to actor George Clooney. However, Alamuddin has denied that she would participate in the inquiry and it is not yet known who will replace her.

Navi Pillay, the United Nations High Commissioner for Human Rights said on July 31 that she believed that the Israel government was deliberately defying international law in its military offensive against Hamas in Gaza. She also said that she believes world powers should hold Israel accountable for these violations.

So far the Israeli military has attacked schools, hospitals and homes as well as Gaza’s only power plan, which provides critical energy to the regions civilian population. Hamas militants in Gaza have also violated human rights by firing rockets indiscriminately into Israel territory, Pillay said.

The Israel government has dismissed the inquiry led by the Human Rights Council as a “kangaroo court.” In a statement, Israeli Foreign Ministry spokesman Yigal Palmor issued a statement dismissing the UN inquiry. He stated that in the view of the Israeli government the “the Human Rights Council had long ago turned into the ‘terrorist rights council’ and a kangaroo court, whose ‘investigations’ are pre-determined.”

Hamas Spokesman Sami Abu Zuhri in Gaza said that “Hamas welcomes the decision to form an investigation committee into the war crimes committed by the occupation against Gaza and it urges that it begin work as soon as possible.”

The armed-conflict in Gaza has killed 1,938A Palestinians and 67 Israelis and has devastated large tracks in the densely populated Gaza Strip, damaging civilian property and leaving thousands of Palestinian Civilians displaced.

For more information please see:

The New York Times – Israel Braces For War Crimes Inquiries on Gaza – 14 August 2014

Al Jazeera – UN Names Gaza War Crimes Probe Panel – 12 August 2014

Israel National News – UN Gaza Probe Head: Me? Anti-Israel? – 12 August 2014

Reuters – U.N. Names Panel To Probe War Crimes in Gaza; Israel Slams It – 12 August 2014