Floriane Lavaud, a leading authority in the field, has recently authored an article titled 'Evidentiary Challenges in the Context of Armed Conflict' in a special edition of the ICSID Review – Foreign Investment Law Journal. This special edition was published by Oxford University Press in collaboration with the International Centre for Settlement of Investment Disputes.
Evidentiary Challenges in the Context of Armed Conflict
The International Court of Justice has recognized that '[a] situation of armed conflict is ... one in which evidence of fact may be difficult to come by', and has accordingly 'recognized and made allowance for this'. Public international law bodies have accordingly developed various techniques that aim to ensure fairness in proceedings adjudicating the exceptional circumstances of armed conflict. Provisional measures and flexibility in the treatment of evidence are notable examples of such techniques. This article discusses the evidentiary challenges faced by parties litigating in the shadow of armed conflict, such as the destruction of evidence, difficulties in proving causation and the uncertain quantification of damages.
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