Legal Question in International Law in Netherlands

Burden of proof in international law

Dear LawGuru,

Does the burden of proof in international law shift like in common law?

I read for instance at Wikipedia that in the common law the burden of proof �shifts between parties over the course of the hearing or trial. A party may submit evidence that the court will consider prima facie proof of some state of affairs. This creates an evidentiary burden upon the opposing party to present evidence to refute the presumption.� Does it work in the same way for instance at International Court of Justice (ICJ) or International Criminal Court (ICC)?

Many thanks in advance,


Asked on 8/01/07, 7:15 pm

1 Answer from Attorneys
Johm Smith tom's

Re: Burden of proof in international law

There are two dominant legal systems: common law and civil law. International is divided into public and private. The process that you refer to in your questions occurs in both systems, but this is something that is fluid...happening as your dealing with everything else in the hearing/trial. It simply happens because you're trying to convince a judge or jury and you need a way to determine procedural matters like who gets to address a jury first and last. The civil law systems only has a limited "jury" system by the way.

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Answered on 8/01/07, 9:01 pm


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