Burden and Standard of Proof in International Courts: a Call for Greater Clarity and Consistency

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Greater clarity in the burden of proof is essential for international courts' legitimacy, promoting fairness in adjudication.
The application of evidentiary standards varies significantly due to civil-common law differences, impacting the International Court of Justice's outcomes.
The historical focus on law over facts has complicated the burden and standard of proof, warranting a clearer framework for evidentiary rules.
Emphasizing certainty in burden-of-proof rules and using presumptions can enhance predictability and consistency in international legal processes.

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This analysis reveals inconsistencies in burden of proof and standard of proof in international courts, indicating a need for clearer definitions.

J. Yoo (2025) studied this question.

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This analysis reveals inconsistencies in burden of proof and standard of proof in international courts, indicating a need for clearer definitions.