Recent Fact-Finding Developments at the International Court of Justice

Abstract

AbstractThis article discusses the Court's treatment of evidence and the burden of proof with emphasis on recent cases involving armed conflict, genocide and violations of human rights. The article frames the discussion by examining the Court's powers within its Statute and Rules and asks whether the Court is making adequate use of those powers. The article evaluates the Court's use of its fact-finding powers in relation to the following matters: the standard and burden of proof, the drawing of inferences and the use of secondary evidence, the treatment of facts derived from U.N. Reports, the reliance on outside commissions and fact-finding bodies for gathering evidence, and finally, the treatment of evidence based on the decisions of other international courts.