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Max Planck Encyclopedia of International Procedural Law [MPEiPro]

Circumstantial Evidence

Tatiana Renno

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 30 July 2021

Subject(s):
Evidence — International courts and tribunals, procedure

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 Circumstantial evidence is a form of indirect evidence. Contrary to direct evidence (Documentary Evidence and testimony) circumstantial evidence, like other kinds of indirect evidence, is deemed not to provide direct knowledge of a fact. To illustrate this, Richard Mosk uses a refreshing example: [t]hus if one says he sees a child in the pool, that is direct evidence of the fact the child was in the pool. If one says he saw the child outside the pool, but wet and a puddle nearby, that is circumstantial evidence that the child was in the pool (2003, at 107)....
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