Just Access

Domestic Courts, International Crimes: Who Decides What Gets Prosecuted?

2026-01-20

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...

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 will you learn?

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

🧠 Topics Covered

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

👤 About the Guest

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.

📚 Resources & Links