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Record W1977880587 · doi:10.1093/jicj/mqm081

Fatal Errors: The Trial and Appeal Judgments in the Dujail Case

2008· article· en· W1977880587 on OpenAlexaff
N. Bhuta

Bibliographic record

VenueJournal of International Criminal Justice · 2008
Typearticle
Languageen
FieldSocial Sciences
TopicInternational Law and Human Rights
Canadian institutionsUniversity of Toronto
Fundersnot available
KeywordsTribunalAppealVerdictLawConsistency (knowledge bases)Political scienceCriminal lawFair trialHuman rightsComputer science

Abstract

fetched live from OpenAlex

This commentary reviews the written judgments of both the First Trial Chamber and the Appeals Chamber of the Iraqi High Tribunal (IHT) in the Dujail case. The article considers the key substantive and procedural findings by the Trial Chamber and Appeals Chamber and evaluates the decisions’ consistency with international criminal law. It concludes that the decisions made serious errors in their application of international criminal law principles governing the knowledge and intent of the defendants, and also in respect of findings of fact concerning the knowledge and intent of the defendants. These errors appear closely connected to the failure of the investigative judge and prosecution to present evidence which was essential to establish knowledge and intent in the manner required by international criminal law. The article concludes that many aspects of the convictions were unsustainable as a matter of fact and law. It ends by reflecting on some of the factors which contributed to the failure of the IHT to produce a credible verdict.

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 distilled prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.

metaresearch head score (Codex)0.001
metaresearch head score (Gemma)0.000
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Theoretical or conceptual · Consensus signal: none
GenreCandidate signal: Empirical · Consensus signal: Empirical
Teacher disagreement score0.839
Threshold uncertainty score0.491

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0010.000
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0000.000
Science and technology studies0.0010.000
Scholarly communication0.0000.000
Open science0.0010.000
Research integrity0.0000.000
Insufficient payload (model declined to judge)0.0000.000

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.

Opus teacher head0.077
GPT teacher head0.360
Teacher spread0.284 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it

Classification

machine, unvalidated

Machine predicted; a candidate call from one teacher head, not a consensus.

The models applied no category: nothing in the taxonomy fit this work.
Study designTheoretical or conceptual
Domainnot available
GenreEmpirical

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".

Quick stats

Citations4
Published2008
Admission routes1
Has abstractyes

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