Beyond 'Fairness': Understanding the Determinants of International Criminal Procedure
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
This article seeks to explore what makes international criminal procedure what it is. Rather than simply assessing its fairness in a decontextualised fashion, it proposes a realist and parsimonious explanation of the determinants of international criminal procedure. Two paradigms are contrasted and both found to provide only limited explanation. One is the idea that the main driving force behind the development of procedure before international criminal tribunals is the confrontation of the common law accusatorial and the romano-germanic inquisitorial traditions. Although clearly that confrontation has helped frame the problem, it is not solvable on its own terms, and ultimately too embedded in assumptions each tradition makes about what defines the “right” procedure. The other paradigm is the idea that international criminal procedure is first and foremost an attempt to strive for the fairest possible procedure under the guidance of international human rights standards. Although again this is seen as having some framing value, international human rights law is itself too under-determinative of the issue to be conclusive in all but a few cases. The article then turns to a model described as international criminal procedure’s process of “becoming international”. International criminal tribunals have developed an international criminal procedure that is both adapted to the constraints imposed by their international environment, and the goals and values of international criminal justice. This process is identified as by far the most relevant in identifying the dynamics of international criminal procedure.
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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 | 0.001 | 0.000 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.000 | 0.000 |
| Bibliometrics | 0.000 | 0.000 |
| Science and technology studies | 0.001 | 0.000 |
| Scholarly communication | 0.000 | 0.000 |
| Open science | 0.001 | 0.000 |
| Research integrity | 0.000 | 0.001 |
| 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