Politico clarifies legal basis for TotalEnergies war-crimes complaint

POLITICO has corrected its reporting on a criminal complaint filed in Paris accusing TotalEnergies of complicity in war crimes at its Mozambique LNG project, amending its description of the principle under which French jurisdiction could apply.

The original article, published on 18 November, stated that the European Centre for Constitutional and Human Rights (ECCHR) believed the case could proceed under a specific jurisdictional doctrine that was inaccurately described. POLITICO has now clarified that ECCHR argues French jurisdiction is established through TotalEnergies’ nationality, rather than the legal principle initially cited.

The correction does not alter the gravity of the allegations - which relate to the so-called “container massacre,” in which Mozambican soldiers stationed at TotalEnergies’ gas plant allegedly imprisoned, suffocated and executed hundreds of local men in 2021 - but it does materially affect the legal framing of the case. Nationality-based jurisdiction is a narrower, more technically defined path than universal jurisdiction, and misdescribing it risks overstating France’s mandate to prosecute extraterritorial crimes.

ECCHR’s 56-page filing accuses the company of financing and materially supporting the Mozambican Joint Task Force despite documented human-rights abuses. TotalEnergies denies knowing about the killings and has repeatedly dismissed the allegations as unfounded. The French National Anti-Terrorism Prosecutor must now decide whether to open a formal inquiry.

In recent months, TotalEnergies has faced multiple legal actions related to its operations in Mozambique, including an involuntary manslaughter investigation announced earlier this year. The financing of the LNG project - dependent on nearly $15 billion in loans - has also come under scrutiny from several state-backed lenders awaiting clarity on the allegations.

While the jurisdictional correction may appear procedural, it represents an important shift in how the case might progress. Establishing jurisdiction is foundational to any war-crimes investigation; misreporting the basis for it risks misleading readers about the legal pathways available to prosecutors, the precedent at stake, and the likelihood that the complaint will be formally taken up.

POLITICO’s updated wording now reflects the narrower, nationality-based argument advanced by ECCHR - an essential clarification in one of the most closely watched corporate human-rights cases in Europe.