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

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