Chicago Journal of International Law Volume 13 Number 1 Article 6 6-1-2012 The International Court of Justice's Treatment of Circumstantial Evidence and Adverse Inferences Michael P. Scharf Margaux Day Follow this and additional works at: https://chicagounbound.uchicago.edu/cjil Recommended Citation Scharf, Michael P. and Day, Margaux (2012) "The International Court of Justice's Treatment of Circumstantial Evidence and Adverse Inferences," Chicago Journal of International Law: Vol. 13: No. 1, Article 6. Available at: https://chicagounbound.uchicago.edu/cjil/vol13/iss1/6 This Article is brought to you for free and open access by Chicago Unbound. It has been accepted for inclusion in Chicago Journal of International Law by an authorized editor of Chicago Unbound. For more information, please contact
[email protected]. The International Court of Justice's Treatment of Circumstantial Evidence and Adverse Inferences Michael P. Scharf and Margaux Dayt Abstract This Article examines a vexing evidentiaU question with which the InternationalCourt of Justice has struggled in several cases, namely: What should the Court do when one of the parties has exclusive access to critical evidence and refuses to produce it for securiy or other reasons? In itsfirst case, Corfu Channel, the Court decided to apply liberalinferences offact against the non-producingpary, but in the more recent Crime of Genocide case, the Court declined to do so under seemingly similardrcumstances. By carefully examining the treatment of evidence exclusively accessible by one party in these and other internationalcases, this Article seeks, first, to illuminate the nuances in the Court's approach to ircumstantial evidence and adverse inferences and, second, to recommend a more coherent app roach for the future.