The Lawfare Podcast Lawfare Archive: Prosecuting the Gaza War Before the International Criminal Court with Chimène Keitner
May 31, 2025
Chimène Keitner, a Professor of Law at UC Davis and former U.S. State Department counselor on international law, discusses the ICC's recent arrest warrants against senior Hamas leaders and Israeli officials. She delves into the nature of the allegations, including crimes against humanity and the complexities of jurisdiction regarding Gaza. The conversation highlights the emotional impact on victims' families and the challenges of holding powerful leaders accountable. They also cover the legal nuances surrounding the use of starvation in warfare and the implications for international justice.
AI Snips
Chapters
Transcript
Episode notes
ICC Jurisdiction over Gaza Conflict
- The ICC exercises jurisdiction mainly via UN Security Council referral, state acceptance, or territorial crime occurrence.
- Palestine's accession to the Rome Statute allowed ICC jurisdiction over Gaza and West Bank crimes since 2014.
ICC Arrest Warrant Process
- ICC arrest warrants require reasonable grounds to believe an individual committed crimes.
- Prosecutor's two-step process includes evidence review and pretrial chamber approval, not immediate arrests.
ICC's Threshold for Warrants
- ICC's 'reasonable grounds to believe' standard is analogous to probable cause, not conviction-level proof.
- This allows warrants when grounds are sufficient but before full trial evidence.