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Max Planck Encyclopedia of International Procedural Law [MPEiPro]

Standard of Proof

Aniruddha Rajput

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 25 September 2021

Subject(s):
Standard of proof — International criminal law, evidence

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 Standard of proof is the measure by which a court or tribunal decides which party has established the facts to a sufficient degree so that the entire case or a particular issue can be decided in its favour. It is also referred to as the standard of persuasion. Standard of proof is not a rigid formula. It is a degree or a range of certainty within which facts need to be established. Standard of proof comes from common law jurisdictions, where it is used to guide the adjudicator and the litigants. Its non-adherence can be the basis for a successful appeal. It is...
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