Potential and peril : incapacitation in the new age of international criminal law
Bibliographic record
Abstract
International criminal law (and in particular the permanent ICC) is experiencing the new and unique context of operation within ongoing contexts. In an attempt to clarify our intentions and purposes in the orchestration of international tribunals, this thesis confronts the role of incapacitation in such a context. This leads to a new interpretation of justice in both the international, as well as the domestic, criminal law spheres. The thesis methodology comprises of a theoretical consideration of jurisprudential theories of domestic and international criminal law theories (predominantly incapacitation, but also deterrence, retribution, rehabilitation, reparation, and restitution), including a comprehension of the deontological/consequentialist discourse. It subsequently explores case-studies of three chosen situations in which international criminal law has operated. These contexts and examined individuals are : the ‘Butchers of Bosnia’ (Radovan Karadžić and Ratko Mladić) in context of the former Yugoslavia; Joseph Kony and the LRA in Northern Uganda; and President Al Bashir in Sudan’s Darfur region. These studies encompass a historical, social, political, and legal perspective of the context and perpetrated crimes. Results of the explorations and theoretical discoveries within this paper lead to a new, expanded concept of incapacitation that brings light to both international and domestic criminal legal theory. Law is portrayed as a carefully wielded weapon which may render culpable, powerful war criminals toothless and alone. ‘Incapacitation’ so called becomes a broader and substantially different concept. This contains a new distinction between ‘direct’ and ‘indirect’ incapacitation – the latter referring to the possibility of law to impact on the actions of the accused before incarceration, for instance by restraining personal liberty, political power, freedom of movement, and overall legitimacy. Recommendations for how this newly defined power can be harnessed by international criminal institutions and actors are explored. There is also a reflection on the potential negative outcomes of international criminal law, which must be taken seriously if the ultimate objective of the law is indeed consequential.
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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 | 0.005 | 0.009 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.000 | 0.000 |
| Bibliometrics | 0.002 | 0.002 |
| Science and technology studies | 0.017 | 0.070 |
| Scholarly communication | 0.020 | 0.018 |
| Open science | 0.001 | 0.012 |
| Research integrity | 0.004 | 0.009 |
| Insufficient payload (model declined to judge) | 0.004 | 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".