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 – [email protected]
• 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.

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