Bibliographic record
Abstract
Domestic pre-trial custody may be deducted from an offender’s sentence under Article 78(2) of the ICC Statute if the time spent in detention was ‘connected’ to conduct underlying the crime(s) before the Court. In its early sentencing jurisprudence, the Court has concluded that Article 78(2) requires the offender to prove on a balance of probabilities that the conduct forming the basis of a domestic pre-trial detention was the ‘same’ as the conduct before the Court. It is contended that the Court’s interpretation of Article 78(2) is undesirable for two reasons. First, the Court fails to give any meaning to the word ‘connected’ in Article 78(2). Second, the Court presumes that the offender will always be able to access the relevant domestic evidence necessary to prove the purpose of his or her detention. After proposing a legal framework which addresses these criticisms, the article closes by addressing an issue which the International Criminal Court has yet to consider: the complexities of fairly calculating and crediting domestic pre-trial detention towards an offender’s international sentence.
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 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 | 0.009 | 0.025 |
| Meta-epidemiology (narrow) | 0.001 | 0.001 |
| Meta-epidemiology (broad) | 0.001 | 0.002 |
| Bibliometrics | 0.002 | 0.002 |
| Science and technology studies | 0.004 | 0.006 |
| Scholarly communication | 0.007 | 0.002 |
| Open science | 0.004 | 0.004 |
| Research integrity | 0.013 | 0.010 |
| Insufficient payload (model declined to judge) | 0.008 | 0.005 |
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".