Evidence

Author: Jane Doe

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

I. Material sources of evidence Edit

II. The disputed central function of evidence: establishing facts Edit

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

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

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

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

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

2. Collection of evidence Edit

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

4. Investigations possibly leading to international criminal prosecutions Edit

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

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

III. Evidence and international human rights protection bodies Edit

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

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

I. The role of evidence in international negotiations Edit

II. The role of evidence in international mediation and conciliation Edit

III. The role of evidence in international arbitration Edit

D. Evidence before international courts Edit

I. Applicable rules of evidence before international courts: generalities Edit

II. Rules of evidence and specific international courts Edit

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 litigation Edit

I. Evidence in transnational commercial and civil litigation Edit

II. Evidence and extraterritorial or universal jurisdiction for international crimes Edit

Conclusion Edit

Summary I
Summary II