By ALEX PERRY in Paris
Illustrations by Julius Maxim for POLITICO
This article is also available in French
When Patrick Pouyanné decided to spend billions on a giant natural gas field in
a faraway warzone, he made the call alone, over a single dinner, with the head
of a rival energy company.
Pouyanné, the chairman and CEO of what was then called Total, was dining with
Vicki Hollub, CEO of Houston-based Occidental Petroleum. It was late April 2019,
and Hollub was in a David and Goliath battle with the American energy behemoth
Chevron to buy Anadarko, like Occidental a mid-sized Texan oil and gas explorer.
The American investor Warren Buffett was set to back Hollub with $10 billion,
but it wasn’t enough. So Hollub flew to Paris to meet Pouyanné.
Hollub’s proposal: Pouyanné would pitch in $8.8 billion in exchange for
Anadarko’s four African gas fields, including a vast deep-sea reserve off
northern Mozambique, an area in the grip of an Islamist insurgency.
The Frenchman, who had previously approached Anadarko about the same assets,
said yes in a matter of minutes.
Advertisement
“What are the strengths of Total?” Pouyanné explained to an Atlantic Council
event in Washington a few weeks later. “LNG,” he went on, and the “Middle East
and Africa,” regions where the company has operated since its origin in the
colonial era. “So it’s just fitting exactly and perfectly.”
Total, “a large corporation,” could be “so agile,” he said, because of the
efficacy of his decision-making, and the clarity of his vision to shift from oil
to lower-emission gas, extracted from lightly regulated foreign lands.
In the end, “it [was] just a matter of sending an email to my colleague
[Hollub],” he added. “This is the way to make good deals.”
Six years later, it’s fair to ask if Pouyanné was a little hasty.
On Nov. 17, a European human rights NGO filed a criminal complaint with the
national counterterrorism prosecutor’s office in Paris accusing TotalEnergies of
complicity in war crimes, torture and enforced disappearances, all in northern
Mozambique.
The allegations turn on a massacre, first reported by POLITICO last year, in
which Mozambican soldiers crammed about 200 men into shipping containers at the
gatehouse of a massive gas liquefaction plant TotalEnergies is building in the
country, then killed most of them over the next three months.
The complaint, submitted by the nonprofit European Centre for Constitutional and
Human Rights (ECCHR), alleges that TotalEnergies became an accomplice in the
“so-called ‘container massacre’” because it “directly financed and materially
supported” the Mozambican soldiers who carried out the executions, which took
place between June and September 2021.
“TotalEnergies knew that the Mozambican armed forces had been accused of
systematic human rights violations, yet continued to support them with the only
objective to secure its facility,” said Clara Gonzales, co-director of the
business and human rights program at ECCHR, a Berlin-based group specializing in
international law that has spent the past year corroborating the atrocity.
In response to the complaint, a company spokesperson in Paris said in a written
statement: “TotalEnergies takes these allegations very seriously” and would
“comply with the lawful investigation prerogatives of the French authorities.”
Last year, in response to questions by POLITICO, the company — through its
subsidiary Mozambique LNG — said it had no knowledge of the container killings,
adding that its “extensive research” had “not identified any information nor
evidence that would corroborate the allegations of severe abuses and torture.”
This week, the spokesperson repeated that position.
Advertisement
Asked in May in the French National Assembly about the killings, Pouyanné
dismissed “these false allegations” and demanded the company’s accusers “put
their evidence on the table.” Questioned about the complaint on French
television this week, he again rejected the allegations and described them as a
“smear campaign” motivated by the fact that TotalEnergies produces fossil fuels.
The war crimes complaint is based on POLITICO’s reporting and other open-source
evidence. In the last year, the container killings have been confirmed by the
French newspaper Le Monde and the British journalism nonprofit Source Material.
The British Mozambique expert Professor Joseph Hanlon also said the atrocity was
“well known locally,” and an investigation carried out by UK Export Finance
(UKEF) — the British state lender, which is currently weighing delivery of a
$1.15 billion loan to Total’s project — has heard evidence from its survivors.
The massacre was an apparent reprisal for a devastating attack three months
earlier by ISIS-affiliated rebels on the nearby town of Palma, just south of the
border with Tanzania, which killed 1,354 civilians, including 55 of Total’s
workforce, according to a house-to-house survey carried out by POLITICO. Of
those ISIS murdered, it beheaded 330. TotalEnergies has previously noted that
Mozambique has yet to issue an official toll for the Palma massacre.
In March, a French magistrate began investigating TotalEnergies for involuntary
manslaughter over allegations that it abandoned its contractors to the
onslaught.
After the jihadis left the area in late June, Mozambican commandos based at
Total’s gas concession rounded up 500 villagers and accused them of backing the
rebels. They separated men from women and children, raped several of the women,
then forced the 180-250 men into two metal windowless shipping containers that
formed a rudimentary fortified entrance to Total’s plant.
There, the soldiers kept their prisoners in 30-degree-Celsius heat for three
months. According to eleven survivors and two witnesses, some men suffocated.
Fed handfuls of rice and bottle caps of water, others starved or died of thirst.
The soldiers beat and tortured many of the rest. Finally, they began taking them
away in groups and executing them.
Only 26 men survived, saved when a Rwandan intervention force, deployed to fight
ISIS, discovered the operation. A second house-to-house survey conducted by
POLITICO later identified by name 97 of those killed or disappeared.
Along with the new ECCHR complaint and the British inquiry, the killings are the
subject of three other separate investigations: by the Mozambican Attorney
General, the Mozambican National Human Rights Commission, and the Dutch
government, which is probing $1.2 billion in Dutch state financing for
TotalEnergies’ project.
This week’s complaint was lodged with the offices of the French National
Anti-Terrorism Prosecutor, whose remit includes war crimes. The prosecutor will
decide whether to open a formal inquiry and appoint an investigating
magistrate.
Should the case move ahead, TotalEnergies will face the prospect of a war crimes
trial.
Such an eventuality would represent a spectacular fall from grace for a business
that once held a central place in French national identity and a CEO whose
hard-nosed resolve made him an icon of global business.
Should a French court eventually find the company or its executives liable in
the container killings, the penalties could include fines and, possibly, jail
terms for anybody indicted.
How did TotalEnergies get here? How did Patrick Pouyanné?
‘POUYANNÉ PETROLEUM’
Born in Normandy in 1963, the son of a provincial customs official and a post
office worker, Pouyanné elevated himself to the French elite by winning
selection to the École Polytechnique, the country’s foremost engineering
university, and then the École des Mines, where France’s future captains of
industry are made.
Following a few years in politics as a minister’s aide, he joined the French
state petroleum company Elf as an exploration manager in Angola in 1996. After
moving to Qatar in 1999 as Elf merged with Total, Pouyanné ascended to the top
job at Total in 2014 after his predecessor, Christophe de Margerie, was killed
in a plane crash in Moscow.
Pouyanné led by reason, and force of will. “To be number one in a group like
Total … is to find yourself alone,” he said in 2020. “When I say ‘I don’t
agree,’ sometimes the walls shake. I realize this.”
A decade at the top has seen Pouyanné, 62, transform a company of 100,000
employees in 130 countries into a one-man show — “Pouyanné Petroleum,” as the
industry quip goes.
His frequent public appearances, and his unapologetically firm hand, have made
him a celebrated figure in international business.
“Patrick Pouyanné has done an extraordinary job leading TotalEnergies in a
complex environment, delivering outstanding financial results and engaging the
company in the energy transition quicker and stronger than its peers,” Jacques
Aschenbroich, the company’s lead independent director, said in 2023.
Advertisement
Marc-Antoine Eyl-Mazzega, director of energy and climate at the French Institute
of International Relations, agreed. “His involvement is his strength,” he said.
“He’s able to take a decision quickly, in a much more agile and rapid way.”
Still, Eyl-Mazzega said, “I’m not sure everyone is happy to work with him. You
have to keep up the pace. There are often departures. He’s quite direct and
frank.”
Among employees, Pouyanné’s lumbering frame and overbearing manner has earned
him a nickname: The Bulldozer.
The moniker isn’t always affectionate. A former Total executive who dealt
regularly with him recalled him as unpleasantly aggressive, “banging fists on
the table.”
The effect, the executive said, has been to disempower the staff: “The structure
of Total is trying to guess what Pouyanné wants to do. You can’t make any
decisions unless it goes to the CEO.”
In a statement to POLITICO, TotalEnergies called such depictions “misplaced and
baseless.”
‘DON’T ASK US TO TAKE THE MORAL HIGH GROUND’
What’s not in dispute is how Pouyanné has used his authority to shape Total’s
answer to the big 21st-century oil and gas puzzle: how to square demand for
fossil fuels with simultaneous demands from politicians and climate campaigners
to eliminate them.
His response has been diversification, moving the company away from
high-emission fuels towards becoming a broad-based, ethical energy supplier,
centered on low-carbon gas, solar and wind, and pledging to reach net-zero
emissions by 2050. The change was symbolized by Pouyanné’s renaming of the
company TotalEnergies in 2021.
A second, more unsung element of Pouyanné’s strategy has been moving much of his
remaining fossil fuel operation beyond Western regulation.
Speaking to an audience at Chatham House in London in 2017, he said the catalyst
for his move to favor reserves in poorer, less tightly policed parts of the
planet was the penalties imposed on the British energy giant BP in the United
States following the 2010 Deepwater Horizon blowout, in which 11 men died and an
oil slick devastated the Gulf of Mexico coast.
Pouyanné declared that the fines — between $62 billion and $142 billion,
depending on the calculation used — represented an excessive “legal risk” to oil
and gas development in the West.
While other, more troubled territories came with their share of dangers,
Pouyanné put the cost of failure of any project outside the West at a more
manageable $2 to $3 billion, according to his Chatham House remarks.
As a way of assessing risk, it was efficient.
“Other players would spend a lot of money on consultancies and write 70 reports
to conclude that a project is risky,” Eyl-Mazzega said. “Pouyanné, on the other
hand, is prepared to take risks.”
Asked by the French Senate in 2024 how he chose where to invest, however,
Pouyanné admitted that his math was strictly about the bottom line.
“Don’t ask us to take the moral high ground,” he said.
‘A COLLAPSE WILL NOT PUT TOTAL IN DANGER’
The first oil and gas prospectors arrived in northern Mozambique in 2006 as part
of a Western effort to broaden supply beyond the Middle East. When Anadarko
found gas 25 miles out to sea in 2010, the talk was of Mozambique as the new
Qatar.
At 2.6 million acres, or about a third of the size of Belgium, Rovuma Basin Area
1 was a monster, thought to hold 75 trillion cubic feet of gas, or 1 percent of
all global reserves. An adjacent field, Area 4, quickly snapped up by
ExxonMobil, was thought to hold even more.
To cope with the volume of production, Anadarko’s Area 1 consortium drew up a
plan for a $20 billion onshore liquefaction plant. Together with ExxonMobil’s
field, the cost of developing Mozambique’s gas was estimated at $50 billion,
which would make it the biggest private investment ever made in Africa.
But in 2017, an ISIS insurgency emerged to threaten those ambitions.
By the time Pouyanné was preparing to buy Anadarko’s 26.5 percent share in Area
1 two years later, what had begun as a ragtag revolt against government
corruption in the northern province of Cabo Delgado had become a full-scale
Islamist rebellion.
Insurgents were taking ever more territory, displacing hundreds of thousands of
people and regularly staging mass beheadings.
Even under construction, the gas plant was a regular target. It was run by
Europeans and Americans, intending to make money for companies thousands of
miles away while displacing 2,733 villagers to build their concession and
banning fishermen from waters around their drill sites. After several attacks on
plant traffic to and from the facility, in February 2019, the militants killed
two project workers in a village attack and dismembered a contract driver in the
road.
A further risk had its origins in a ban on foreigners carrying guns. That made
the plant reliant for security on the Mozambican army and police, both of which
had a well-documented record of criminality and repression.
Initially, Pouyanné seemed unconcerned. The gas field was outside international
law, as Mozambique had not ratified the Rome Statute setting up the
International Criminal Court. And Pouyanné appeared to see the pursuit of
high-risk, high-reward projects almost as an obligation for a deep-pocketed
corporation, telling the Atlantic Council in May 2019, soon after he agreed the
Mozambique deal, that Total was so big, it didn’t need to care — at least, not
in the way of other, lesser companies or countries.
“We love risk, so we have decided to embark on the Mozambique story,” he said.
“Even if there is a collapse, [it] will [not] put Total in danger.”
Advertisement
In September 2019, when Total’s purchase was formally completed, the company
declared in a press release: “The Mozambique LNG project is largely derisked.”
In one of several statements to POLITICO, TotalEnergies explained the term
echoed the boss’s focus on “the project’s commercial and financial fundamentals.
To infer this was a dismissal of security concerns amounts to a fundamental
misunderstanding of the way the sector operates.”
Still, for workers at the project, it was an arresting statement, given that a
Mozambique LNG worker had recently been chopped to pieces.
Around the same time, the project managers at Anadarko, many of whom were now
working for Total, tried to warn their new CEO of the danger posed by the
insurgency.
It was when they met Pouyanné, however, that “things then all started to
unwind,” said one.
Pouyanné regaled the team who had worked on the Mozambique project for years
with a speech “on how brilliant Total was, and how brilliantly Total was going
to run this project,” a second executive added.
Pouyanné added he had “a French hero” running the company’s security: Denis
Favier who, as a police commander, led a team of police commandos as they
stormed a hijacked plane on the tarmac at Marseille in 1994, and in 2015, as
France’s most senior policeman, commanded the operation to hunt and kill the
Islamist brothers who shot dead 12 staff at the Charlie Hebdo newspaper in
Paris.
“This is easy for him,” Pouyanné said.
Asked about the transition from Anadarko to Total, the company maintained it was
responsive to all concerns expressed by former Anadarko workers. “We are not
aware of any such dismissal of security concerns by TotalEnergies or its senior
management,” the company said. “It is incorrect to state that advice from the
ground was not listened to.”
Still, after meeting Pouyanné, the old Anadarko team called their Mozambique
staff together to brief them on their new boss.
“Well, holy shit,” one manager began, according to a person present. “We’ve got
a problem.”
‘VERY VULNERABLE’
A third former Anadarko staffer who stayed on to work for Total said that on
taking over, the company also put on hold a decision to move most contractors
and staff from hotels and compounds in Palma to inside its fortified camp — a
costly move that Anadarko was planning in response to deteriorating security.
“This was a danger I had worked so hard to eliminate,” the staffer said. “Palma
was very vulnerable. Almost nobody was supposed to be [there]. But Total
wouldn’t listen to me.”
Other measures, such as grouping traffic to and from the plant in convoys and
flanking them with drones, also ended. One project contractor who regularly made
the run through rebel territory described the difference between Anadarko and
Total as “night and day.”
Then in June 2020, the rebels captured Mocimboa da Praia, the regional hub, and
killed at least eight subcontractors. In late December that year, they staged
another advance that brought them to Total’s gates.
At that, Pouyanné reversed course and assumed personal oversight of the security
operation, the first Anadarko manager said. Despite no expertise in security,
“[he] had to get into every little last possible detail.”
The second executive concurred. “It went from, ‘I don’t care, we’ve got the best
security people in the business to run this’ to ‘Oh my God, this is a disaster,
let me micromanage it and control it,’” he said.
The company was “not aware of any … criticism that Mr. Pouyanné lacks the
necessary expertise,” TotalEnergies said, adding the CEO had “first-hand
experience of emergency evacuation … [from] when Total had to evacuate its staff
from Yemen in 2015.”
The insurgents’ advance prompted Pouyanné to order the evacuation of all
TotalEnergies staff. By contrast, many contractors and subcontractors, some of
them behind schedule because of Covid, were told to keep working, according to
email exchanges among contractors seen by POLITICO.
“Mozambique LNG did not differentiate between its own employees, its contractors
or subcontractors when giving these instructions,” the company said, but added
that it was not responsible for the decisions of its contractors.
Advertisement
Then, in February 2021, Pouyanné flew to Maputo, the Mozambican capital, to
negotiate a new security deal with then Mozambican President Filipe Nyusi.
Afterward, the two men announced the creation of the Joint Task Force, a
1,000-man unit of soldiers and armed police to be stationed inside the
compound.
The deal envisaged that the new force would protect a 25-kilometer radius around
the gas plant, including Palma and several villages. In practice, by
concentrating so many soldiers and police inside the wire, it left Palma
comparatively exposed.
“It is incorrect to allege that Palma was left poorly defended,” the company
said. “However, it is a fact that these security forces were overwhelmed by the
magnitude and violence of the terrorist attacks in March 2021.” TotalEnergies
added it is not correct to say that “Mr. Pouyanné personally managed the
security deal setting up the Joint Task Force.”
‘TRAIN WRECK’
By this time, the company’s own human rights advisers were warning that by
helping to create the Joint Task Force — to which the company agreed to pay what
it described as “hardship payments” via a third party, as well as to equip it
and accommodate it on its compound — Pouyanné was effectively making
TotalEnergies a party to the conflict, and implicating it in any human rights
abuses the soldiers carried out.
Just as worrying was TotalEnergies’ insistence — according to a plant security
manager, and confirmed by minutes of a Total presentation on security released
under a Dutch freedom of information request — that all major security decisions
be handled by a 20-man security team 5,000 miles away in Paris.
That centralization seemed to help explain how, when the Islamists finally
descended on Palma on March 24, 2021, Total was among the last to know.
One Western security contractor told POLITICO he had pulled his people out 10
days before the assault, based on intelligence he had on guns and young men
being pre-positioned in town.
In the days immediately preceding the attack, villagers around Palma warned
friends and relatives in town that they had seen the Islamists advancing.
WhatsApp messages seen by POLITICO indicate contractors reported the same
advance to plant security on March 22 and March 23.
Advertisement
Nonetheless, at 9 a.m. on March 24, TotalEnergies in Paris announced that it was
safe for its staff to return.
Hours later, the Islamists attacked.
“Neither Mozambique LNG nor TotalEnergies received any specific ‘advance
warnings’ of an impending attack prior to March 24,” the company said.
Faced with a three-pronged advance by several hundred militants, the plant
security manager said TotalEnergies’ hierarchical management pyramid was unable
to cope.
Ground staff could not respond to evolving events, paralyzed by the need to seek
approval for decisions from Paris.
Total’s country office in Maputo was also in limbo, according to the security
manager, neither able to follow what was happening in real-time, nor authorized
to respond.
‘WHO CAN HELP US?!’
Two decisions, taken as the attack unfolded, compounded the havoc wreaked by the
Islamists.
The first was Total’s refusal to supply aviation fuel to the Dyck Advisory Group
(DAG), a small, South African private military contractor working with the
Mozambican police.
With the police and army overrun, DAG’s small helicopters represented the only
functional military force in Palma and the only unit undertaking humanitarian
rescues.
But DAG’s choppers were limited by low supplies of jet fuel, forcing them to fly
an hour away to refuel, and to ground their fleet intermittently.
Total, as one of the world’s biggest makers of aviation fuel, with ample stocks
at the gas plant, was in a position to help. But when DAG asked Total in Paris
for assistance, it refused. “Word came down from the mountain,” DAG executive
Max Dyck said, “and that was the way it was going to be.”
Total has conceded that it refused fuel to DAG — out of concern for the
rescuers’ human rights record, the company said — but made fuel available to the
Mozambican security services. DAG later hired an independent lawyer to
investigate its record, who exonerated the company.
Advertisement
A second problematic order was an edict, handed down by Pouyanné’s executives in
Paris in the months before the massacre, according to the plant security
manager, that should the rebels attack, gate security guards at the gas plant
were to let no one in.
It was an instruction that could only have been drawn up by someone ignorant of
the area’s geography, the man said.
If the Islamists blocked the three roads in and out of Palma, as conventional
tactics would prescribe, the only remaining ways out for the population of
60,000 would be by sea or air — both routes that went through TotalEnergies’s
facility, with its port and airport. By barring the civilians’ way, the company
would be exposing them.
So it proved. TotalEnergies soon had 25,000 fleeing civilians at its gates,
according to an internal company report obtained under a freedom of information
request by an Italian NGO, Recommon. Among the crowd were hundreds of project
subcontractors and workers.
Witnesses described to POLITICO how families begged TotalEnergies’ guards to let
them in. Mothers were passing their babies forward to be laid in front of the
gates. But TotalEnergies in Paris refused to allow its guards on the ground to
open up.
On March 28, the fifth day of the attack, Paris authorized a ferry to evacuate
1,250 staff and workers from the gas plant, and make a single return trip to
pick up 1,250 civilians, who had sneaked inside the perimeter. That still left
tens of thousands stranded at its gates.
On March 29, a TotalEnergies community relations manager in Paris made a
panicked call to Caroline Brodeur, a contact at Oxfam America.
“He’s like, ‘There’s this huge security situation in Mozambique!’” Brodeur said.
“An escalation of violence! We will need to evacuate people! Who can help us?
Which NGO can support us with logistics?’”
Thirty minutes later, the man called back. “Wait,” he told Brodeur. “Don’t do
anything.” TotalEnergies’ senior managers had overruled him, the man said. No
outsiders were to be involved.
“I think he was trying to do the right thing,” Brodeur said in an interview with
POLITICO. “But after that, Total went silent.”
Over the next two months, the jihadis killed hundreds of civilians in and around
Palma and the gas plant before the Rwandan intervention force pushed them out.
The second former Anadarko and Total executive said the rebels might have
attacked Palma, whoever was in charge at the gas project. But Total’s distant,
centralized management made a “train wreck … inevitable.”
Advertisement
TotalEnergies said its response to the attack “mitigated as much as was
reasonably possible the consequences.” Confirming the phone call to Oxfam, it
added: “There was no effort by whoever within TotalEnergies to shut any
possibility for external assistance down.”
The company was especially adamant that Pouyanné was not at fault.
“The allegation that Mr. Pouyanné’s management of TotalEnergies exacerbated the
devastation caused by the attacks in Mozambique is entirely unsubstantiated,” it
said. “Mr. Pouyanné takes the safety and security of the staff extremely
seriously.”
In his television appearance this week, Pouyanné defended the company’s
performance. “We completely evacuated the site,” he said. “We were not present
at that time.”
He said he considered that TotalEnergies, whose security teams had helped “more
than 2,000 civilians evacuate the area,” “had carried out heroic actions.”
‘AN ALMOST PERFECT DINNER PARTY’
TotalEnergies’ troubles in Mozambique have come amid a wider slump in the
country’s fortunes and reputation.
Years of climate protests outside the company’s annual general meetings in
central Paris peaked in 2023 when police dispersed activists with batons and
tear gas. For the last two years, TotalEnergies has retreated behind a line of
security checks and riot police at its offices in Défense, in the western part
of Paris.
Though the company intended 2024, its centenary year, as a celebration, the
company succeeded mostly in looking past its prime. When Pouyanné took over in
2014, Total was France’s biggest company, and 37th in the world. Today, it is
France’s seventh largest and not even in the global top 100.
Several French media houses chose the occasion of TotalEnergies’ 100th birthday
to declare open season on the company, portraying it as a serial offender on
pollution, corruption, worker safety, and climate change.
Pouyanné has also presided over a rift with the French establishment. Last year,
when he suggested listing in New York to boost the stock, French President
Emmanuel Macron berated him in public.
Advertisement
The division grew wider a few weeks later when the French Senate concluded a
six-month inquiry into the company with a recommendation that the formerly
state-owned enterprise be partly taken back into public ownership.
The company has faced five separate lawsuits, civil and criminal, claiming it is
breaking French law on climate protection and corporate conduct.
In a sixth case, brought by environmentalists in Paris last month, a judge
ordered TotalEnergies to remove advertising from its website claiming it was
part of the solution to climate change. Given the company’s ongoing investments
in fossil fuels, that was misleading, the judge said, decreeing that
TotalEnergies take down its messaging and upload the court’s ruling instead.
The Swedish activist Greta Thunberg has also led protests against TotalEnergies’
East Africa Crude Oil Pipeline. That project, intended to pump oil 1,000 miles
from Uganda across Tanzania to the Indian Ocean, is similarly embroiled in
accusations of human rights abuses, drawing criticism from the European
Parliament plus 28 banks and 29 insurance companies who have refused to finance
it.
Pouyanné has also taken hits to his personal brand. A low point came in 2022
when he chose the moment his countrymen were recovering from Covid and
struggling with soaring fuel prices to defend his salary of €5,944,129 a year.
He was “tired” of the accusation that he had received a 52 percent rise, he
wrote on Twitter. His pay, he added, had merely been restored to pre-pandemic
levels.
Overnight, the CEO became the unacceptable face of French capitalism. “Pouyanné
lives in another galaxy, far, far away,” said one TV host. Under a picture of
the CEO, an MP from the leftist France Unbowed movement wrote: “A name, a face.
The obstacle in the way of a nation.”
So heated and widely held is the contempt that in 2023 the company produced a
guide for its French employees on how to handle it. Titled “An Almost Perfect
Dinner Party,” the booklet lays out arguments and data that staff might use to
defend themselves at social occasions.
“Have you ever been questioned, during a dinner with family or friends, about a
controversy concerning the Company?” it asked. “Did you have the factual
elements to answer your guests?”
‘FALSE ALLEGATIONS’
The war crimes case lodged this week against TotalEnergies was filed in France,
despite the alleged crimes occurring in Mozambique, because, it argues,
TotalEnergies’ nationality establishes jurisdiction.
The case represents a dramatic example of the extension of international justice
— the prosecution in one country of crimes committed in another. A movement
forged in Nuremberg and Tokyo in the wake of World War II, the principles of
international justice have been used more recently by national and international
courts to bring warlords and dictators to trial — and by national courts to
prosecute citizens or companies implicated in abuses abroad where local justice
systems are weak.
U.S. courts have ordered ExxonMobil and banana giant Chiquita to stand trial for
complicity in atrocities committed in the late 1990s and early 2000s by soldiers
or militias paid to protect their premises in Indonesia and Colombia,
respectively.
Exxon settled a week before the case opened in 2023. A Florida court ordered
Chiquita to pay $38 million to the families of eight murdered Colombian men in
June 2024; Chiquita’s appeal was denied that October.
In Sweden, two executives from Lundin Oil are currently on trial for complicity
in war crimes after Sudanese troops and government militias killed an estimated
12,000 people between 1999 and 2003 as they cleared the area around a company
drill site. The executives deny the accusations against them.
Advertisement
ECCHR has initiated several international justice cases. Most notably, in 2016,
it and another legal non-profit, Sherpa, filed a criminal complaint in Paris
against the French cement maker Lafarge, accusing its Syrian plant of paying
millions of dollars in protection money to ISIS. Earlier this month, Lafarge and
eight executives went on trial in Paris, accused of funding terrorism and
breaking international sanctions — charges they deny.
The war crimes complaint against TotalEnergies cites internal documents,
obtained under freedom of information requests in Italy and the Netherlands,
that show staff at the site knew the soldiers routinely committed human rights
abuses against civilians while working for the company.
There were “regular community allegations of JTF [Joint Task Force] human rights
violations,” read one, including “physical violence, and
arrests/disappearances.” The report also referred to “troops who were allegedly
involved in a [human rights] case in August [2021].” These were deemed so
serious that TotalEnergies suspended pay to all 1,000 Joint Task Force soldiers
and the army expelled 200 from the region, according to the internal document.
The ECCHR complaint accuses TotalEnergies and “X”, a designation leaving open
the possibility for the names of unspecified company executives to be added.
Among those named in the document’s 56 pages are Pouyanné and five other
TotalEnergies executives and employees. Favier, the company’s security chief, is
not among them.
TotalEnergies declined to make any of its executives or security managers
available for interviews.
In April 2024, when Pouyanné was questioned about his company’s Mozambique
operation by the French Senate, he stated that while the government was
responsible for the security of Cabo Delgado, “I can ensure the security of
whichever industrial premises on which I might operate.”
Asked about the container executions before the National Assembly this May,
Pouyanné reaffirmed his faith in the Mozambican state, saying: “I think we help
these countries progress if we trust their institutions and don’t spend our time
lecturing them.”
Apparently forgetting how he helped negotiate a security deal to place
Mozambican soldiers on Total’s premises, however, he then qualified this
statement, saying: “I can confirm that TotalEnergies has nothing to do with the
Mozambican army.”
A company spokesperson clarified this week: “TotalEnergies is not involved in
the operations, command or conduct of the Mozambican armed forces.”
In addition to the war crimes complaint, TotalEnergies’ Mozambique operation is
already the subject of a criminal investigation opened in March by French state
prosecutors. The allegation against the company is that it committed involuntary
manslaughter by failing to protect or rescue workers left in Palma when ISIS
carried out its massacre.
Though POLITICO’s previous reporting found that 55 project workers were killed,
TotalEnergies — through its subsidiary, Mozambique LNG — initially claimed it
lost no one. “All the employees of Mozambique LNG, its contractors and
subcontractors were safely evacuated from the Mozambique LNG Project site,”
Maxime Rabilloud, Mozambique LNG’s managing director, told POLITICO last year.
Advertisement
That assertion notwithstanding, the death of at least one British subcontractor,
Philip Mawer, is the subject of a formal inquest in the U.K.
In December 2024, the company’s Paris press office adjusted its position on the
Palma attack. “TotalEnergies has never denied the tragedy that occurred in Palma
and has always acknowledged the tragic loss of civilian lives,” it told
POLITICO. For the first time, it also admitted “a small number” of project
workers had been stationed outside its secure compound during the attack and
exposed to the bloodbath.
A resolution to the French manslaughter investigation will take years. A
decision on whether to open a formal investigation into the new claims against
TotalEnergies for complicity in war crimes, let alone to bring the case to
trial, is not expected until 2026, at the earliest.
Should anyone eventually be tried for involuntary manslaughter, a conviction
would carry a penalty of three years in prison and a €45,000 fine in France,
escalating to five years and €75,000 for “a manifestly deliberate violation of a
particular obligation of prudence or safety.”
For complicity in war crimes, the sentence is five years to life.
‘CAN YOU ACTUALLY LOOK AT YOURSELF IN THE MIRROR?’
The war crimes accusation adds new uncertainty to the 20-year effort to develop
Mozambique’s gas fields.
In the aftermath of the 2021 Palma massacre, TotalEnergies declared a state of
“force majeure,” a legal measure suspending all contracted work due to
exceptional events.
The following four and a half years of shutdown have cost TotalEnergies $4.5
billion, in addition to the $3.9 billion that Pouyanné originally paid Anadarko
for the Mozambique operation. Billions more in costs can be expected before the
plant finally pumps gas, which Total now predicts will happen in 2029.
The manslaughter case and the war crimes complaint have the potential to cause
further holdups by triggering due diligence obligations from TotalEnergies’
lenders, preventing them from delivering loans of $14.9 billion — without which
Pouyanné has said his star project will collapse.
Total also faces a Friends of the Earth legal challenge to a $4.7 billion U.S.
government loan to the project.
A TotalEnergies spokesperson said this week that the project was able to “meet
due diligence requirements by lenders.”
Advertisement
All this comes as the situation on the ground remains unstable. After a
successful Rwandan counter-attack from 2021 to 2023, the insurgency has
returned, with the Islamists staging raids across Cabo Delgado, including Palma
and the regional hub of Mocimboa da Praia.
The International Organization for Migration says 112,185 people fled the
violence between September 22 and October 13. Among those killed in the last few
months were two gas project workers — a caterer, murdered in Palma, and a
security guard, beheaded in a village south of town.
TotalEnergies has consistently said that neither recent legal developments nor
the upsurge in ISIS attacks will affect its plans to formally reopen its
Mozambique operation by the end of the year.
“This new complaint has no connection with the advancement of the Mozambique LNG
project,” a spokesperson said this week.
Pouyanné himself has spent much of this year insisting the project is “back on
track” and its financing in place. In October, in a move to restart the project,
the company lifted the force majeure.
Still, in a letter seen by POLITICO, Pouyanné also wrote to Mozambican President
Daniel Chapo asking for 10 more years on its drilling license and $4.5 billion
from the country to cover its cost overruns.
Mozambique, whose 2024 GDP was $22.42 billion — around a tenth of TotalEnergies’
revenues for the year of $195.61 billion — has yet to respond.
A final issue for TotalEnergies’ CEO is whether a formal accusation of war
crimes will fuel opposition to his leadership among shareholders.
At 2024’s annual general meeting, a fifth of stockholders rejected the company’s
climate transition strategy as too slow, and a quarter declined to support
Pouyanné for a fourth three-year term. In 2025, several institutional investors
expressed their opposition to Pouyanné by voting against his remuneration.
In the statement, the TotalEnergies spokesperson pointed to the 2023 comments by
Aschenbroich, the independent board member: “The Board unanimously looks forward
to his continued leadership and his strategic vision to continue TotalEnergies’
transition.”
Yet, there seems little prospect that his popularity will improve, inside or
outside the company. “Patrick Pouyanné is everyone’s best enemy,” says Olivier
Gantois, president of the French oil and gas lobby group UFIP-EM, “the scapegoat
we love to beat up on.”
Recently, the 62-year-old Pouyanné has begun to sound uncharacteristically
plaintive. At TotalEnergies’ 2022 shareholder meeting, he grumbled that the
dissidents might not like CO2 emissions, “but they sure like dividends.”
At last year’s, he complained that TotalEnergies was in an impossible position.
“We are trying to find a balance between today’s life and tomorrow’s,” he said.
“It’s not because TotalEnergies stops producing hydrocarbons that demand for
them will disappear.”
Advertisement
TotalEnergies’ articles of association require Pouyanné to retire before he
reaches 67, in 2030, around the time that TotalEnergies currently forecasts gas
production to begin in Mozambique.
Henri Thulliez, the lawyer who filed both criminal complaints against
TotalEnergies in Paris, predicts Pouyanné’s successors will be less attached to
the project — for the simple reason that Mozambique turned out to be bad
business.
“You invest billions in the project, and the project has been completely
suspended for four years now,” Thulliez says. “All your funders are hesitating.
You’re facing two potential litigations in France, maybe at some point
elsewhere, too. You have to ask: what’s the point of all of this?”
As for Pouyanné, two questions will haunt his final years at TotalEnergies, he
suggests.
First, “Can shareholders afford to keep you in your job?”
Second, “Can you actually look at yourself in the mirror?”
Aude Le Gentil and Alexandre Léchenet contributed to this report.