Download This PaperThe Issues of Admissibility Pertaining to Circumstantial, Contested, Classified, & Illicitly Obtained Evidence in the International Court of Justice
Research Society of International Law Review, 1 (2017), No. 1, pp. 105-117
9 Pages Posted: 29 Jun 2017 Last revised: 4 Jun 2020
Date Written: November 15, 2016
Abstract
The International Court of Justice (ICJ) has generally had a liberal stance towards the admissibility of evidence and indeed in most of the instances the Court accepts the evidence submitted by the parties, however when it comes to evidence which is circumstantial, classified, or illicitly obtained the Court has deviated from this general rule. This article focuses on exactly these issues and tackles some specifics within these issues e.g. the Court’s treatment of press reports, public knowledge, maps, and the weight accorded to them etc. The paper also discusses the significance of Wikileaks and the likely outcome if a party ever presents it as evidence before the Court. Lastly, it discusses the potential approach taken by the Court if a paucity or a lack of evidence arises.
Keywords: Evidence, ICJ, International Court of Justice, Illicit, Classified, International Law
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