TIERED STANDARDS OF PROOF BEFORE THE INTERNATIONAL COURT OF JUSTICE

– Although the International Court of Justice is the principal judicial organ of the United Nations and is often tasked to resolve inter-state disputes concerning a wide array of subject matter, neither its rules nor jurisprudence readily disclose any consistent or even clear approach on the issue of standard of proof. We make the case that a tiered approach to standard of proof can and should be adopted, and in doing so, identify the various factors that may be relevant in understanding the court’s different positions in different situations.