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Proving A Case

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Chapter Summary

This chapter focuses on issues of proof common to all cases, whether or not they go to trial. These include: the basic facts dealing with who did what to whom, and when and where it was done; proof of damages; and the central roles of experts in human rights litigation. Past cases have awarded damages for the full range of injuries suffered by the plaintiffs, including medical expenses, lost income, and pain and suffering. International human rights cases rely heavily on expert testimony both to establish the facts underlying the case and to explain the applicable law. The chapter focuses on issues that are particularly relevant to human rights litigation, including the traumatized condition of the plaintiffs and witnesses; the likely strangeness of the subject matter to the judge and jury; and the presentation of these two issues in a manner that holds the attention of the trier of fact.

Keywords: human rights litigation; international human rights cases; plaintiffs



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