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Record W2261778289 · doi:10.7202/1069418ar

NULLUM CRIMEN NULLA POENA SINE LEGE PRINCIPLE AND THE ICTY AND ICTR

2020· article· en· W2261778289 on OpenAlexvenueno aff
Guillaume Endo

Bibliographic record

VenueRevue québécoise de droit international · 2020
Typearticle
Languageen
FieldSocial Sciences
TopicInternational Law and Human Rights
Canadian institutionsnot available
Fundersnot available
KeywordsStatuteJurisdictionLawPolitical scienceImprisonmentInterpretation (philosophy)Law and economicsSociologyPhilosophy

Abstract

fetched live from OpenAlex

Not many scholarly writings deal with sentencing practices of the ICTY and the ICTR. When compared to frequently discussed topics within the subject matter jurisdiction of the ad hoc Tribunals, they are relatively scarce. Both of these Tribunals’ Statutes provide a sentencing regime encompassing, inter alia, a reference to national sentencing practice. It is the author’s view that the provisions of the statutes and rules of procedure and evidence may violate the nullum crimen nulla poena sine lege principle in certain respects. Without a doubt, the rationale underlying the Second World War precedents with respect to sentencing does not accurately reflect the status of international law norms today. As such, the evolvement of human rights law must be reflected in the current sentencing practice of the ad hoc Tribunals. Moreover, the ICTY and ICTR interpretation of the international sentencing mechanism provides inconsistent justice, which in turn harms the legacy of these ad hoc Tribunals. In fact, an accused could successfully argue that life imprisonment as provided by rules 101 of the Rules of Procedure and Evidence of both ICTY and ICTR are not prescribed by law. Accordingly, the ICTY and ICTR provisions regarding sentencing should be amended.

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 imitation

Not 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.

metaresearch head score (Codex)0.009
metaresearch head score (Gemma)0.018
Version: metacan-v3-hybrid-931329e0061cValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Theoretical or conceptual · Consensus signal: Theoretical or conceptual
GenreCandidate signal: Empirical · Consensus signal: none
Teacher disagreement score0.019
Threshold uncertainty score0.048

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.0090.018
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0010.001
Bibliometrics0.0020.001
Science and technology studies0.0060.045
Scholarly communication0.0110.005
Open science0.0020.005
Research integrity0.0080.011
Insufficient payload (model declined to judge)0.0040.001

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.

Opus teacher head0.017
GPT teacher head0.275
Teacher spread0.257 · 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 source (direct Gemma or distilled Codex), 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

Citations5
Published2020
Admission routes1
Has abstractyes

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Same venueRevue québécoise de droit internationalSame topicInternational Law and Human RightsFrench-language works237,207