In this first part of our conversation with Philip McDonagh, former Irish diplomat and Director of the Centre for Religion, Human Values and International Relations at Dublin City University, we explore the deeper values that underpin diplomacy, human rights, and peaceful coexistence. Drawing on his experience with the Good Friday Agreement, peacebuilding initiatives in South Asia, and diplomatic service across Europe and beyond, Philip explains why effective institutions depend on what he calls “pre-political” culture: the trust, relationships, and shared values that make cooperation possible before laws and politics take over.

The conversation examines the growing importance of intercivilizational dialogue in a world facing conflict, polarization, and what Philip describes as a “polycrisis” of interconnected global challenges. From Aristotle’s ideas on friendship and justice to contemporary initiatives at the United Nations, he argues that societies must return to first principles if they are to build more inclusive and resilient political systems.

Philip also explores the connection between intercivilizational dialogue, human rights, and access to justice, emphasizing that civil and political rights cannot be separated from social and economic rights. Throughout the episode, he makes the case that meaningful progress depends not only on institutions but also on the values, education, and human relationships that sustain them.

• What Philip McDonagh means by “pre-political” culture

• Why trust and shared values are essential for justice and democracy

• How intercivilizational dialogue can help address global crises

• The links between human rights, social order, and access to justice

• What lessons the Good Friday Agreement offers for peacebuilding today

• Why social and economic rights deserve equal attention alongside civil and political rights

• Diplomacy and peacebuilding

• The Good Friday Agreement

• Religion, values, and international relations

• Intercivilizational dialogue

• Human rights and access to justice

• Aristotle and political philosophy

• Building trust across divided societies

• Global governance and multilateralism

Philip McDonagh is Director of the Centre for Religion, Human Values and International Relations and Adjunct Professor at Dublin City University. A distinguished former Irish diplomat, he contributed to the peace process surrounding the Good Friday Agreement and has worked extensively on conflict resolution, intercultural dialogue, and international relations.

• Just Access Podcast – https://just-access.de/podcast

• Support Just Access – https://just-access.de/donate

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• 02:00 – From diplomacy to intercivilizational dialogue

• 04:20 – Why trust matters more than legislation alone

• 07:00 – Civilizations as interconnected traditions

• 09:30 – Human rights, social order, and justice

• 13:20 – The new intercivilizational dialogue project

• 16:30 – Lessons from the Helsinki Process

• 18:00 – India’s role in promoting dialogue

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Because everyone can be a human rights defender.

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In this episode we have the honour to speak with Professor Michael O'Flaherty, Commissioner for Human Rights at the Council of Europe. From the UN in the former Yugoslavia to leading the EU Fundamental Rights Agency, O'Flaherty describes his role as a "field diplomat" committed to being on the ground where people hurt.

We discuss his four strategic priorities: Ukraine, global challenges (AI, climate, migration), championing marginalized communities (especially Roma), and protecting human rights defenders. O'Flaherty also critiques proposed social media bans for children, advocates for youth climate activism, and shares why he remains hopeful despite growing pressures on human rights systems.

Key Topics:

• The "field diplomat" approach to human rights work
• Ukraine: defending people, not just territory
• Roma communities and "Antigypsyism" in Europe
• Regulating platforms, not banning children from social media
• Youth climate activism and legitimate protest rights
• Finding hope in human rights achievements

Guest Bio: Prof. Michael O'Flaherty is Commissioner for Human Rights at the Council of Europe. Formerly Director of the EU Fundamental Rights Agency and member of the UN Human Rights Committee, he has established human rights programs across Bosnia-Herzegovina, Sierra Leone, and Asia-Pacific.

Resources:

• Safeguarding Ukrainians Displaced Across Europe: coe.int
• Reclaim Human Rights: coe.int
• Social Media Bans: coe.int
• Human Rights Defenders: coe.int
• Roma Communities (12 Million): coe.int

Support Just Access: just-access.de/donate | Contact: podcast@just-access.de

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In this second part of our conversation, Dr. Miranda Melcher continues speaking with Sandra Berty about her latest work on violence against mothers—an often overlooked but critical dimension of gender-based violence.

Sandra shares insights from her recent submission to the UN Special Rapporteur on violence against women and girls, explaining why violence against mothers must be recognized as a distinct legal category. She unpacks how conflict disproportionately impacts mothers, from forced caregiving roles to the long-term consequences of forced pregnancy.

The conversation also explores how legal frameworks evolve, why naming specific harms matters for justice and reparations, and what developments in international law—especially around sexual and reproductive rights—are shaping the future of accountability.

• What counts as violence against mothers
• Why legal definitions shape justice and reparations
• The concept of forced motherhood as continuous harm
• Gaps in current international legal frameworks
• The role of UN submissions and advocacy
• The significance of the Ongwen case at the ICC
• Emerging developments in sexual and reproductive health rights in international law
• 
  

• Violence against mothers is not fully captured under existing gender-based violence frameworks.
• Recognizing maternal-specific harm leads to more effective accountability and reparations.
• Forced pregnancy has lifelong physical, psychological, and economic consequences.
• Legal progress—especially in international criminal law—is opening new pathways for justice.
• There is growing momentum toward broader recognition of reproductive autonomy in conflict settings.

Sandra Berty – Legal professional working on gender-based violence and international justice, with a focus on conflict-related harms and reproductive rights.

Dr. Miranda Melcher – Senior Legal Fellow at Just Access

• UN Special Rapporteur on violence against women and girls
• ICC Ongwen case (forced pregnancy and reproductive autonomy)
• Just Access Podcast – Part 1 with Sandra Bert
• 
  

If you believe in access to justice and human rights for all:

• Share this episode
• Leave a rating or review
• Reach out with suggestions: podcast@just-access.de
• Support the work: just-access.de/donate
• 
  

The Just Access Podcast explores how to make human rights meaningful and accessible for everyone. We believe: Everyone can be a Human Rights Defender.

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In this first part of our conversation, we speak with Sandra Berty, an international refugee law and gender-based violence specialist with more than a decade of experience working with UNHCR, UNICEF, IOM and the IRC across Africa, the Middle East, Asia, Europe and the United States.

Sandra shares how her journey into this field began during law school, when she worked with women seeking asylum who had survived conflict-related sexual violence. That early experience shaped a career dedicated to supporting women and girls in displacement and emergency settings around the world.

Together, we explore:

• What gender-based violence has to do with access to justice
• Why justice often means far more than courts and legal systems
• The importance of naming violations, recognising harm and creating safe spaces
• How Sandra’s background in both law and sociology informs her work
• What it is really like to work in humanitarian responses in places such as Ukraine, Afghanistan and Cox’s Bazar
• Why small daily successes matter in long-term social change work
• Advice for anyone hoping to work in humanitarian or human rights fields

Sandra also offers an honest look at the realities of frontline humanitarian work, explaining why listening, humility and respect for local communities are essential.

This is an insightful conversation about justice, dignity and practical ways to support survivors of violence in some of the world’s most challenging contexts.

Listen now and subscribe so you don’t miss Part 2, where Sandra discusses her current legal work on violence against mothers and what all of us should be paying attention to next.

#JustAccess #HumanRights #AccessToJustice #RefugeeRights #GenderBasedViolence #WomenRights #UNHCR #HumanitarianWork #Podcast

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How can national prosecutors bring justice for atrocities committed abroad?

In this episode, Ignacio Baeriswyl explains how domestic courts are increasingly stepping in to prosecute international crimes when global institutions cannot.

🎧 Episode Overview

In this episode Dr Miranda Melcher continues her conversation with Ignacio Baeriswyl, a Chile-qualified lawyer and PhD researcher at the University of Amsterdam. Building on the previous episode about his work at the International Criminal Court, Ignacio discusses his transition into academia and his doctoral research on an often overlooked actor in international criminal law: domestic prosecutors who pursue atrocity crimes committed abroad.

Ignacio explains the concept of Domestic Extraterritorial Atrocity Prosecutors (DEAPs)—national prosecutors who investigate and prosecute international crimes such as war crimes or crimes against humanity in their own courts, even when those crimes occurred in another country. His research examines how these prosecutors act as gatekeepers in international criminal justice, shaping which cases proceed and how victims’ experiences are represented in court.

The discussion also explores the methodological challenges of empirical legal research, the value of combining legal practice with academic analysis, and the growing importance of domestic courts in addressing the global accountability gap for international crimes.

Looking ahead, Ignacio reflects on possible developments in international criminal law and predicts that more countries may begin prosecuting atrocity crimes domestically as international institutions face increasing political and practical constraints.

👤 Guest Bio

Ignacio Baeriswyl

• Chilean-qualified attorney with experience in international criminal law.
• Former associate legal officer, Reparations Section, International Criminal Court (The Hague).
• Lecturer and Programme Coordinator, LLM in International Law, University of Amsterdam.
• PhD researcher examining domestic prosecutions of international crimes and the role of extraterritorial atrocity prosecutors.

📚 Resources & Links

• Just Access Podcast homepage – https://just-access.de/podcast
• Donate / support the podcast – https://just-access.de/donate
• Contact the show – podcast@just-access.de
• International Criminal Court – https://www.icc-cpi.int
• University of Amsterdam Faculty of Law – https://www.uva.nl

🗒️ Key Take-Aways

• Domestic prosecutors increasingly play a role in prosecuting international crimes committed abroad, helping to address the global impunity gap.
• These actors—referred to as Domestic Extraterritorial Atrocity Prosecutors (DEAPs)—serve as gatekeepers who determine which cases proceed to trial.
• Empirical research, including interviews with prosecutors and practitioners, can provide new insights into how international criminal law functions in practice.
• Academic research benefits from practical legal experience, which helps bridge the gap between law “on paper” and law “in action.”
• As international institutions face resource and jurisdictional limits, national courts may become increasingly important for achieving accountability for atrocities.
• Future cases may expand beyond Syria to other conflict contexts where victims have struggled to obtain justice.

📢 Call to Action

• Subscribe to the Just Access Podcast to receive future episodes.
• Share the episode with colleagues and networks interested in international criminal law and human-rights advocacy.
• Leave a review on your preferred podcast platform to help others discover the show.
• Support the podcast’s continued production by donating at https://just-access.de/donate.

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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.

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

• Subscribe to the Just Access podcast to receive future episodes.
• Share the episode with colleagues and networks interested in international criminal law and human‑rights advocacy.
• Provide a review on your preferred podcast platform to increase visibility.
• Support the podcast’s continued production by donating at https://just-access.de/donate.

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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.

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

• 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

👉 https://just-access.de/donate

Because everyone can be a human rights defender.

Hosted on Acast. See acast.com/privacy for more information.

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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