The Ugly Face of International Law in Practice
Keywords:Fraud, International Law, Evidence
A purely theoretical understanding of International Law may preclude one from seeing the manner in which its practice is being abused. This paper examines the dark side of international legal practice, viz, when the practitioners have attempted to present the probative value of their claims by relying on false witness testimonies and documents. Further, it argues that the absence of a prescribed code of conduct complete with sanctions on counsels who do not honour it, have a negative impact on the procedural integrity and legitimacy of international courts. It examines the cases in which this has occurred and the consequences arising therefrom. Finally, this paper assesses the various approaches taken by the International Courts in relation to the presentation of fraudulent evidence by practitioners and offers suggestions on how better this could be handled.
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