Chapter

The Judicial Determination of Relevant Facts, Speech to the Sixth Committee of the General Assembly, 2 November 2007

Rosalyn Higgins Dbe Qc

in Themes and Theories

Published in print August 2009 | ISBN: 9780198262350
Published online March 2012 | e-ISBN: 9780191682322 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198262350.003.0110
The Judicial Determination of Relevant Facts, Speech to the Sixth Committee of the General Assembly, 2 November 2007

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This chapter discusses the judicial determination of relevant facts. Occasionally, the International Court of Justice finds itself faced with issues of pure law. Rather more frequently, the Court is faced with the need to determine facts and law: that is true in virtually every case concerning title to territory. And, with increasing frequency, the Court needs to make very heavy findings of fact, these being critical for legal issues in dispute. Findings of fact for a criminal court will necessarily entail different procedures from those in a civil court. The ICJ is a court for determining international law, as it applies to states. Expert evidence seems now largely to be assimilated within the submissions of a legal team, but very occasionally witness evidence, namely personal testimony as to facts, is still called. The Statute of the Court contains several provisions concerning witnesses: Article 43 (5) provides that witnesses and experts may be part of the oral proceedings. This chapter also considers the question of the burden of proof, the standard of proof, and value as proof.

Keywords: International Court of Justice; judicial determination; relevant facts; pure law; international law; expert evidence; witness evidence; witnesses; burden of proof; standard of proof

Chapter.  4073 words. 

Subjects: Public International Law

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