Evidence

Preliminary Remarks

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A. Insights on the theory and practice of evidence in international law

I. Material sources of evidence

II. The disputed central function of evidence: establishing facts

III. The increasing role of information and communication technology in the production and use of evidence at the international level

IV. A classical problem: the fragile meaning and value of facts in a plural and decentralised international society

B. The role of UN-based international entities and UN organs for collecting and producing evidence in international law

I. Evidence and international fact-finding missions or international inquiry missions

1. Prerogatives of fact-finding missions and international inquiry missions

2. Collection of evidence

3. Personal "incrimination" and "naming and shaming"

4. Investigations possibly leading to international criminal prosecutions

5. Other uses of evidence collected by international fact-finding missions and international inquiry commissions

II. Evidence and UN Special Mandate-Holders (Special Rapporteurs and International Experts)

III. Evidence and international human rights protection bodies

IV. The role of the UNGA and the UNSC in the production and collection of evidence

C. The role of evidence in international dispute settlement mechanisms (outside international courts)

I. The role of evidence in international negotiations

II. The role of evidence in international mediation and conciliation

III. The role of evidence in international arbitration

D. Evidence before international courts

I. Applicable rules of evidence before international courts: generalities

II. Rules of evidence and specific international courts

1. Evidence before the International Court of Justice (ICJ)

2. Evidence before the International Tribunal for the Law of the Sea (ITLOS)

3. Evidence before the International Criminal Court (ICC)

E. Evidence in transnational litigation

I. Evidence in transnational commercial and civil litigation

II. Evidence and extraterritorial or universal jurisdiction for international crimes

Conclusion

Summary I
Summary II

Footnotes

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