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The Lawfare Podcast

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

The Lawfare Podcast

The Lawfare Institute

International Law, Government, Military, Rule Of Law, International Relations, History, News, Terrorism, Politics, Law, Intelligence, National Security, Foreign Policy, Constitutional Law, Diplomacy, Current Events

4.76.4K Ratings

🗓️ 23 May 2024

⏱️ 53 minutes

🧾️ Download transcript

Summary

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 prosector 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.

0:04.0

To access an ad-free version of the Lawfair Podcast,

0:08.0

become a material supporter of Lawfair at Patreon.com slash Lawfair. That's Patreon.com

0:16.4

slash Lawfair. Also check out Lawfair's other podcast offerings, rational security, chatter, lawfare no bull, and the aftermath.

0:30.0

The decision to name these three and to link them to these crimes, I think it's not surprising,

0:38.7

notably absent from both sets of defendants or any charges at this point of genocide.

0:47.0

It's the Lawfair Podcast. I'm Scott R Anderson, General Counsel and Senior Editor here at Law Fair.

0:54.2

One could ask whether Khan would have felt moved to act publicly when he did if the United States

1:01.5

had more clearly and more forcefully tied weapons shipments, for example,

1:07.4

to concrete deliverables in terms of humanitarian aid and its distribution.

1:11.6

Today I'm joined by Schmend Kitener, professor at UC Davis School of Law and former counselor

1:16.9

on international law at the U.S. Department of State, to discuss the prosecutor for the

1:20.5

International Criminal Court's recent decision to seek arrest warrants for several senior figures involved in the election. for the So Sheman, we saw a pretty dramatic step happen today in the

1:36.7

International Criminal Court relating to the conflict in Gaza and that is of

1:40.8

course the first set of actions that could result in the

1:45.2

criminal prosecution of individuals involved both in the side of Hamas and on

1:49.2

Israel in that conflict. Before we dig into today's action though, let's give it a little historical context.

1:55.0

How did we arrive at this point that the International Criminal Court, the ICC,

2:00.0

is exercising jurisdiction or believes it can exercise jurisdiction over the

2:04.8

Gaza conflict and over the conduct that's at the root of the allegations here.

2:08.8

Well Scott is great to be with you and anytime you use the word, historical context in this

2:16.2

situation, you know, one wonders if you have to go back to biblical times, but I assume you have

...

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