AUT DEDERE AUT JUDICARE: CONSTITUTIONAL PROHIBITIONS ON EXTRADITION AND THE STATUTE OF ROME
Why this work is in the frame
A frame that forgets how it found something cannot be audited. These are the routes that admitted this work.
Bibliographic record
Abstract
In many States, the ratification of the Rome Statute of the International Criminal Court raises the issue of the statute’s compatibility with certain dispositions of the national constitution. The potential issues of constitutional incompatibility are generally within one of the following categories: prohibitions on extradition, constitutional immunities from criminal prosecution, prohibitions on life imprisonment and concerns as to due process. The scope of this paper is limited to the first of these issues. The ICC will not prosecute individuals in absentia and will rely heavily on State cooperation to gain physical custody of suspects. In the author’s view, this reality renders the removal of impediments to prosecution all the more essential. The prohibition on extradition sits at the extreme end of a spectrum of provisions relative to mobility rights afforded to citizens within a great number of national constitutions. These dispositions vary in intensity. While some simply assert the citizens’ right to move about the national territory and to enter or leave it freely, others aim explicitly at shielding citizens from prosecution in external jurisdictions. After examining the respective ways in which States have addressed potential impediments to the surrender of individuals to the ICC, the author makes a case for constitutional amendment in order to ensure full compliance.
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Full frame distilled prediction
Teacher imitationNot 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.
Codex and Gemma teacher scores by category
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.000 | 0.001 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.000 | 0.000 |
| Bibliometrics | 0.000 | 0.000 |
| Science and technology studies | 0.000 | 0.001 |
| Scholarly communication | 0.000 | 0.000 |
| Open science | 0.000 | 0.000 |
| Research integrity | 0.000 | 0.000 |
| Insufficient payload (model declined to judge) | 0.000 | 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 it