Ep. 36: Legal Analysis & Debate: Key Concepts of International Law and the Current State of Jurisprudence (Prof. Dr. Dr. h.c. mult. Claus Kreß – University of Cologne / International Court of Justice)

Guest: Professor Dr. Dr. h.c. mult. Claus Kreß (University of Cologne / International Court of Justice) Hosts: Philip, Yusuf & Efe Bio: Prof. Claus Kreß is a leading scholar of international law. He holds the Chair for Criminal Law and International Law at the University of Cologne and directs the Institute for Peace Research and Security Law. He has held guest professorships at Cambridge, Melbourne, Kyoto, and Columbia. His research on the use of force, the law of armed conflict, and international criminal law is reflected in over 200 publications. He is a Life Member of Clare Hall College, Cambridge. Kreß has played a central role in shaping international criminal law, serving as a delegate for Germany during the drafting of the Rome Statute, helping define the crime of aggression adopted in 2010, and acting as Special Adviser to the Prosecutor of the International Criminal Court. He has also been appointed ad hoc judge in the ICJ genocide case The Gambia v. Myanmar and has received multiple honorary doctorates as well as the M.C. Bassiouni Justice Award. He is a member of the North Rhine-Westphalian Academy of Sciences and Humanities and the German National Academy of Sciences Leopoldina. In this episode: In this legal anchor episode, hosts Efe, Philip, and Yusuf speak with Prof. Kreß about key concepts of international law, its institutions, and jurisprudence concerning Israel and Palestine. They explore the Rome Statute, the differences between the ICJ and ICC, and the definitions of war crimes, crimes against humanity, and genocide. Prof. Kreß analyzes the October 7 Hamas attacks, the status of Gaza after 2005, and ICC charges against Hamas and Israeli officials. He explains the difficulty of proving genocidal intent, referencing the Srebrenica genocide, and discusses the ICJ’s evaluation of South Africa’s case against Israel and its 2024 advisory opinion on the Occupied Palestinian Territories. The conversation also addresses Israeli and U.S. strikes on Iran, risks to international law from sanctions against ICC officials, and broader challenges to the rules-based international order. Prof. Kreß concludes by emphasizing the importance of youth engagement to safeguard and strengthen the future of international justice. This episode was recorded July 3, 2025. Links: Prof. Dr. Dr. h.c. mult. Claus Kreß: https://iipsl.jura.uni-koeln.de/en/people/director UN Genocide Convention: https://tinyurl.com/rv8puxnj ICJ Provisional Measures, South Africa v. Israel (26 Jan. 2024): https://tinyurl.com/2aesmt7n ICJ Advisory Opinion on the Occupied Palestinian Territories (17 July 2024): https://tinyurl.com/54nf99ru IVth. Geneva Convention (1949), Article 49 (6): "The Occupying Power shall not deport or transfer parts of its own civilian population into the territory it occupies.“ https://tinyurl.com/542zardk ICERD Artikel 3: https://tinyurl.com/muw46yvf Disclaimer: Guest opinions are their own and do not necessarily reflect the views of the podcast team.