The concept of evidence in the international judicial process

Abstract

This article discusses evidence in the judicial process as the information serving as grounds for court’s decision. In the international judicial process, which mostly of challenge character, significant role belongs to the sides, and the sides present the courts with information that substantiates each of their positions. The court, being an independent body, evaluates and selects information that it considers necessary to hear the case. It is advanced that the theory of international justice still lacks established and generally accepted procedure for selection of information. Such rules are formed in the judicial process and admissibility of these rules by the states or other subjects of international law. This work highlights the importance of determining comparable approaches towards the process of evidence in various international judicial bodies. Special attention is given to the issues of distribution of the burden of proof, methods, forms and standards of evidence applicable in the international judicial process.