The Evidentiary Practice of the World Court

Tomka, H.E. Peter; Proulx, Vincent-Joël

The Evidentiary Practice of the World Court

Juan Carlos Sainz-Borgo (ed), Liber Amicorum Gudmundur Eiriksson, San José, University for Peace Press, 2016, Forthcoming.

22 Pages Posted: 22 Nov 2015

See all articles by H.E. Peter Tomka

Vincent-Joël Proulx

National University of Singapore (NUS) - Faculty of Law

There are 2 versions of this paper

Date Written: November 20, 2015

Abstract

In this chapter, we canvass some key aspects of the evidentiary practice of the World Court, with particular emphasis on recent developments. Our ambition is to provide insight into both the Court’s jurisprudential pronouncements on important evidentiary matters, and its institutional culture and practice as regards the management and treatment of evidence. This chapter begins by mapping out the evidentiary framework governing the Court’s work, with reference to relevant provisions, before turning to the admissibility of evidence before the Court. Ultimately, this contribution recalls and explores select substantive pronouncements of the Court on matters of evidence.

Keywords: Public international law; International Court of Justice; evidence; burden of proof; procedure; documentary evidence; witness testimony; international judicial proceedings

JEL Classification: K33

Suggested Citation: Suggested Citation

Tomka, H.E. Peter and Proulx, Vincent-Joël, The Evidentiary Practice of the World Court (November 20, 2015). Juan Carlos Sainz-Borgo (ed), Liber Amicorum Gudmundur Eiriksson, San José, University for Peace Press, 2016, Forthcoming., Available at SSRN: https://ssrn.com/abstract=2693558