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Evidence

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Chapter Summary

The function of evidence in international tribunals is the same as in municipal tribunals, that is, "to enable the tribunal to discover the truth concerning the conflicting claims of the parties before it". The Minimal Rules of Procedure for International Human Rights Fact-Finding Missions, which was adopted by the International Law Association at its Belgrade meeting in 1980 contained a set of rules under Title III on the collection of evidence: rule 9 provided that at the commencement of a mission, all material relevant to the purpose of the mission should be made available to it with the assistance of the organization concerned. This chapter discusses the relevant rules and practice pertaining to the admissibility of evidence, the disclosure of evidence to the Government concerned for its comments, the protection of witnesses, the standard and burden of proof and the evaluation of evidence.

Keywords: International Human Rights Fact-Finding Missions; International Law Association; international tribunals; rules of evidence; rules of procedure

10.1163/9789004276888_004
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