Standard Of Proof In International Adjudication
Introduction
Standard of Proof is defined to be the level of certainty and the degree of evidence necessary to establish proof in proceeding. The term ‘evidence’ in both domestic as well as international law is construed as a means of establishing factual claims, however, the standard of proof required to establish such factual claims differ from forum to forum. The establishment of evidence plays a significant role in determining the outcome of the disputes.
In any general situation, some “facts” are likely to be subject to a range of interpretations and plausible explanations, and this is even more probable when the abuses investigated are as serious as genocide, crimes against humanity, arbitrary killing and enforced disappearances[1]. When such facts are questioned before the Ho...
