What is an 'Unwilling' or 'Unable' Jurisdiction Under Article 17 of the Rome Statute? Lessons from International Law's Theories of 'Denial of Justice' (Qu'Est Ce Qu'Une Juridiction 'Incapable' Ou 'Manquant De Volonte' Au Sens De L'Article 17 Du Traite De Rome? Quelques Enseignements Tires Des Theories Du Deni De Justice En Droit International).
Bibliographic record
Abstract
The exact definition of an unwilling or unable state or jurisdiction under the International Criminal Court Statute, which is crucial to the functioning of complementarity, remains elusive. This article proposes to explore the nineteenth and early twentieth century origins of denial of justice under international law theories as an early and illuminating analog for the dilemmas of complementarity. It finds that the ICC could learn a lot from engagement with this rich case law which of state responsibility and exceptions to the rule of exhaustion of local remedies.
Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.
How this classification was reachedexpand
Full frame machine prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.
Distilled classifier scores by category (both heads)
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.006 | 0.007 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.000 | 0.000 |
| Bibliometrics | 0.001 | 0.001 |
| Science and technology studies | 0.005 | 0.053 |
| Scholarly communication | 0.010 | 0.009 |
| Open science | 0.001 | 0.005 |
| Research integrity | 0.003 | 0.006 |
| Insufficient payload (model declined to judge) | 0.003 | 0.000 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.
How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".