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Max Planck Encyclopedia of International Procedural Law [MPEiPro]

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Marco Benatar

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2022. All Rights Reserved.date: 04 October 2022

Subject(s):
Expert evidence — International courts and tribunals, powers — Fact-finding and inquiry

Published under the direction of Hélène Ruiz Fabri, with the support of the Department of International Law and Dispute Resolution, under the auspices of the Max Planck Institute Luxembourg for Procedural Law.

1 In proceedings before international courts and tribunals it is predominantly the parties who bear the primary responsibility of producing evidence (International Courts and Tribunals, Evidence). Notable exceptions are international criminal tribunals, whose prosecutors and large investigation divisions exercise broad powers to collect evidence. Prosecutors may even undertake a number of measures on the territory of a State without seeking the authorities’ assistance (Fact-finding powers of international courts and tribunals); Fact-finding powers of international...
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