In this episode Dr Miranda Melcher speaks with Ignacio Baeriswyl, a Chile‑qualified lawyer who served as an associate legal officer in the International Criminal Court’s (ICC) Reparations Section and is currently a lecturer and PhD candidate at the University of Amsterdam. Ignacio outlines his professional trajectory—from domestic economic criminal law in Chile to his work at the ICC—explains the functions and challenges of the reparations team, and discusses the structural limits of the Court’s jurisdiction and authority. He also offers practical guidance for individuals aspiring to work in international criminal justice.

Ignacio Baeriswyl

• Chilean‑qualified attorney, specialised in economic criminal law.
• Former associate legal officer, Reparations Section, ICC (The Hague).
• Lecturer and Programme Coordinator, LLM in International Law, University of Amsterdam.
• PhD candidate researching reparations, victim‑centred justice, and trans‑generational harm.

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• ICC Reparations Section – https://www.icc-cpi.int/reparations
• Rome Statute (reparations provisions) – https://www.icc-cpi.int/resource-library/documents/rome-statute

1. Internship experience is essential for entering the ICC; it functions as an informal prerequisite for paid positions.
2. Reparations remain an evolving area of ICC jurisprudence because the Rome Statute provides limited guidance, leaving substantial scope for judicial development.
3. Jurisdictional constraints limit the Court’s ability to act; the ICC relies heavily on cooperation from States parties.
4. Organisational compartmentalisation means judges, prosecutors, and outreach staff operate largely independently, influencing case outcomes.
5. Precision in legal drafting is critical; minor wording variations can affect victims’ eligibility for reparations.
6. Career guidance: acquire domestic legal experience, target internships strategically, and align academic qualifications with the specific ICC unit of interest.

• Human‑rights practitioners & NGOs seeking insider perspectives on ICC operations.
• Law students eyeing a career in international criminal law.
• Policy makers interested in the mechanics of reparations and victim‑centred justice.
• Anyone interested in defending human rights

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• Share the episode with colleagues and networks interested in international criminal law and human‑rights advocacy.
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In the second part of our conversation with Sabina Grigore, PhD candidate at the University of Amsterdam, we take a closer look at the discretionary power of prosecutors and how their decisions fundamentally shape access to justice.

Building on the discussion of domestic prosecutions of international crimes, this episode focuses on prosecutors as institutional gatekeepers. Sabina explains how prosecutorial discretion determines what evidence is included in a case, whose experiences are legally recognised as victimhood, and which cases ultimately reach a judge. These decisions, often made long before any courtroom proceedings begin, have profound implications for both alleged perpetrators and survivors of atrocity crimes.

The conversation unpacks how prosecutorial choices influence what can be considered a “just outcome,” highlighting the structural and human factors that shape legal processes in practice. Rather than viewing justice as a neutral or automatic outcome of the law, Sabina invites listeners to examine the layers of power, interpretation, and responsibility embedded within prosecutorial work.

Throughout the episode, one message becomes clear: access to justice is mediated by institutions and individuals alike. Understanding how prosecutors operate — and the limits of their accountability — is essential to understanding where justice is enabled, constrained, or denied.

• How prosecutorial discretion shapes access to justice
• What it means to view prosecutors as institutional gatekeepers
• How evidence selection affects victims’ recognition and legal outcomes
• Why justice is shaped long before cases reach a courtroom
• What a “just outcome” means for victims and accused in practice

• Prosecutorial discretion in international and domestic criminal law
• Access to justice and institutional power
• Victim recognition and evidentiary choices
• Gatekeeping roles within criminal justice systems
• Structural limits of accountability in atrocity crime prosecutions

Sabina Grigore is a PhD candidate at the University of Amsterdam, specialising in international criminal law. Her research examines domestic prosecutions of atrocity crimes committed abroad, with a particular focus on prosecutorial discretion, cooperation, and access to justice. Her work critically explores how legal systems shape — and sometimes limit — just outcomes for victims and defendants.

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• 00:00 – Prosecutors as gatekeepers to justice
• 02:10 – Deciding what evidence makes it into a case
• 04:30 – Who is recognised as a victim under the law
• 07:00 – Prosecutorial discretion and “just outcomes”
• 10:15 – Structural power and accountability gaps

Help Just Access keep critical conversations alive — share this episode, leave a review, and support our work at

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Because everyone can be a human rights defender.

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In this first part of our conversation with Sabina Grigore, PhD candidate at the University of Amsterdam, we explore how access to justice is shaped long before a case ever reaches a courtroom. Focusing on international criminal law and transitional justice, the episode examines the often-overlooked role of domestic prosecutors who investigate atrocity crimes committed beyond their borders.

Drawing on her PhD research, Sabina explains what it means to prosecute crimes from conflicts such as Syria and Ukraine at the national level in countries like Germany, France, Sweden, and the Netherlands. She describes prosecutors as powerful gatekeepers—deciding which cases move forward, whose testimonies are included, and what evidence ultimately shapes legal outcomes for victims and accused alike. Cooperation between states, EU institutions such as Eurojust, and international investigative mechanisms emerges as a crucial but complex element of this process.

The conversation also traces Sabina’s academic journey, from studying transitional justice in Romania to engaging with international criminal law more broadly. Reflecting on Romania’s post-communist legacy, she discusses how decades of silence, failed investigations, and political interference denied victims recognition and accountability—and how judgments from the European Court of Human Rights helped reopen questions of truth, responsibility, and redress.

Throughout the episode, one core message stands out: access to justice is not automatic. It depends on institutional choices, political will, and the individuals who operate within legal systems. By unpacking these dynamics, Sabina invites listeners to think more critically about where justice begins—and where it so often breaks down.

• What “domestic extraterritorial prosecution” means in practice
• Why prosecutors play a decisive role in determining access to justice
• How cooperation between states and institutions shapes atrocity cases
• What Romania’s post-communist experience reveals about transitional justice
• Why passion and purpose matter when pursuing long-term academic research

• International criminal law and transitional justice
• Domestic prosecution of international crimes
• Prosecutorial discretion and access to justice
• Cooperation between national and international legal actors
• Romania’s communist past and ECHR jurisprudence
• Academic pathways into human-rights-focused research

Sabina Grigore is a PhD candidate at the University of Amsterdam, specialising in international criminal law. Her research focuses on domestic prosecutions of atrocity crimes committed abroad, with particular attention to prosecutorial cooperation and access to justice. Her academic work builds on extensive research into transitional justice, including Romania’s post-communist accountability processes and the role of the European Court of Human Rights.

• Just Access Podcast – https://just-access.de/podcast
• Support Just Access – https://just-access.de/donate
• Contact the show – podcast@just-access.de

• 01:30 – Introducing domestic prosecution of international crimes
• 03:40 – Prosecutors as gatekeepers to justice
• 06:30 – Cooperation between states, Eurojust, and investigative mechanisms
• 10:20 – Romania’s transitional justice challenges
• 15:10 – Advice for aspiring PhD researchers

Help Just Access keep critical conversations alive—share this episode, leave a review, and support our work at

👉 https://just-access.de/donate

Because everyone can be a human rights defender.

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