Lawfare Archive: Prosecuting the Gaza War Before the International Criminal Court with Chimène Keitner

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4.7 • 6.2K Ratings

🗓️ 31 May 2025

⏱️ 54 minutes

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Summary

From May 23, 2024: For today’s episode, Lawfare Senior Editor Scott R. Anderson sat down with Chimène Keitner, a Professor of Law at UC Davis School of Law and former Counselor on International Law at the U.S. Department of State, to discuss the recent applications for arrest warrants filed by the prosecutor for the International Criminal Court (ICC), accusing several senior Hamas leaders as well as Israeli Prime Minister Benjamin Netanyahu and Minister of Defense Yoav Gallant of crimes against humanity and war crimes in Gaza. They discussed the nature of the allegations, how the ICC has come to exercise jurisdiction over the Gaza conflict, and what impact this recent action may have on the broader conflict.

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Transcript

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0:00.0	The following podcast contains advertising.
0:04.4	To access an ad-free version of the Lawfare podcast, become a material supporter of Lawfare at
0:11.5	patreon.com slash lawfare. That's patreon.com slash lawfare.
0:18.2	Also, check out Lawfare's other podcast offerings, Rational Security, Chatter,
0:25.2	Lawfare No Bull, and The Aftermath.
0:47.1	I'm Carolyn Cornett and Turnout Lawfare with an episode from the Lawfare Archive for May 31st, 2025.
0:52.7	Last week, reports emerged that work at the International Criminal Court has practically ground to a halt after President Donald
0:55.1	Trump imposed sanctions on ICC prosecutor Karim Khan in retaliation for the court's prosecution
1:01.3	of Israel for its conduct in the war in Gaza. ICC staff report that they risk arrest if they
1:07.4	enter the United States and are unable to conduct basic tasks. For today's
1:12.2	archive episode, I selected an episode from May 23, 2004, in which Scott R. Anderson sat down
1:19.4	with Shemann Keitner to discuss the ICC's application for arrest warrants for senior leaders
1:25.0	of Israel and Hamas. They talked about the nature of the allegations,
1:29.2	the ICC's jurisdiction over the Gaza conflict, and more.
1:38.4	It's the Lawfare podcast. I'm Scott R. Anderson, General Counsel and Senior Editor here at Lawfare.
1:46.3	Today, I'm joined by Shaman Kightner, professor at UC Davis School of Law and former counselor on international law
1:50.5	at the U.S. Department of State to discuss the prosecutor for the International Criminal
1:53.8	Court's recent decision to seek arrest warrants for several senior figures involved in the October
1:57.9	7th massacre in subsequent conflict in Gaza, including
2:00.8	Israeli Prime Minister Benjamin Netanyahu.
2:04.1	So, Shemann, we saw a pretty dramatic step happen today in the International Criminal Court
2:10.4	relating to the conflict in Gaza, and that is, of course, the first set of actions that
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