Evidence

Author: Jane Doe

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

I. Material sources of evidenceEdit

II. The disputed central function of evidence: establishing factsEdit

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

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

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

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

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

2. Collection of evidenceEdit

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

4. Investigations possibly leading to international criminal prosecutionsEdit

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

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

III. Evidence and international human rights protection bodiesEdit

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

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

I. The role of evidence in international negotiationsEdit

II. The role of evidence in international mediation and conciliationEdit

III. The role of evidence in international arbitrationEdit

D. Evidence before international courtsEdit

I. Applicable rules of evidence before international courts: generalitiesEdit

II. Rules of evidence and specific international courtsEdit

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

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

3. Evidence before the International Criminal Court (ICC)Edit

E. Evidence in transnational litigationEdit

I. Evidence in transnational commercial and civil litigationEdit

II. Evidence and extraterritorial or universal jurisdiction for international crimesEdit

ConclusionEdit

Summary I
Summary II