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Record W3187852900 · doi:10.1093/jicj/mqaa040

Is the Quality of the ICC’s Legal Reasoning an Obstacle to Its Ability to Deter International Crimes?

2020· article· en· W3187852900 on OpenAlexaff
Astrid Kjeldgaard-Pedersen

Bibliographic record

VenueJournal of International Criminal Justice · 2020
Typearticle
Languageen
FieldSocial Sciences
TopicInternational Law and Human Rights
Canadian institutionsCentre for International Governance Innovation
Fundersnot available
KeywordsObstacleLawQuality (philosophy)Political scienceEpistemologyPhilosophy

Abstract

fetched live from OpenAlex

Abstract Given that the Rome Statute is only binding upon its member states, there is a certain element of judicial megalomania in the recurrent claim by the International Criminal Court (ICC) that it acts ‘on behalf of the international community as a whole’ in its endeavour to end impunity for international crimes. Focusing on recent ICC rulings concerning the nature and function of the Court, this article queries whether the quality of the Court’s legal reasoning may have an impact on its long-term deterrence potential. The article suggests that while making self-aggrandizing statements and stretching the boundaries of its legal mandate might, in principle, increase the short-term deterrent effect of the ICC, the Court risks sacrificing a greater good, i.e. its long-term status as a legitimate authority within the field international criminal law. Inconsistent rulings without a solid basis in sound legal analysis may indeed prove to be devastating for the ICC, which is still in the process of establishing itself as a credible institution that commands respect.

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 distilled prediction

Teacher imitation

Not 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.

metaresearch head score (Codex)0.002
metaresearch head score (Gemma)0.004
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Theoretical or conceptual · Consensus signal: none
GenreCandidate signal: Empirical · Consensus signal: Empirical
Teacher disagreement score0.910
Threshold uncertainty score0.874

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0020.004
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0000.000
Science and technology studies0.0000.000
Scholarly communication0.0000.001
Open science0.0020.000
Research integrity0.0000.000
Insufficient payload (model declined to judge)0.0010.000

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.

Opus teacher head0.107
GPT teacher head0.418
Teacher spread0.311 · 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 teacher head, 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

Citations3
Published2020
Admission routes1
Has abstractyes

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