The Prosecutorial Interpretation of the Complementarity Principle: Does It Really Contribute to Ending Impunity on the National Level?
Bibliographic record
Abstract
Abstract The complementarity regime serves as a system to encourage and facilitate the compliance of states with their responsibility to investigate and prosecute international core crimes. It can contribute to the creation of an effective indirect enforcement mechanism among state parties to the Rome Statute; however, the current practice of the ICC falls short of materializing that. In the Ugandan case, the Ugandan referral displays a number of negative aspects regarding the ICC prosecutorial policy in practice. Firstly, Uganda does not seem to fulfil the "inability" criterion as stipulated in Article 17. Secondly, the policy of encouraging and seeking state referrals might lead to certain negative outcomes vis-à-vis fulfilling the purposes of the Rome Statute to end impunity. The presumption that state referrals could guarantee state cooperation is over simplistic. The ICC's position in the DRC situation raises other concerns, particularly with regard to the ICC's approach to cases of "inaction". Lubanga and Germain Katanga were already in the Congolese custody waiting trial for more serious crimes when the ICC requested their surrender considering that the DRC was not investigating the crimes the ICC has been investigating. The Congolese judicial system, at least in certain areas of the DRC (including Kinshasa) was "able and willing". Based on the above, the article concludes that the ICC Prosecutor's policy on the admissibility of "inactions" could encourage in theory national systems to prosecute core crimes; however, in reality it could lead to the opposite.
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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 | 0.007 | 0.012 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.001 | 0.001 |
| Bibliometrics | 0.002 | 0.002 |
| Science and technology studies | 0.008 | 0.032 |
| Scholarly communication | 0.009 | 0.007 |
| Open science | 0.003 | 0.008 |
| Research integrity | 0.007 | 0.007 |
| Insufficient payload (model declined to judge) | 0.009 | 0.001 |
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".