In this episode Juliette McIntyre (Adelaide University) is joined by James Devaney (University of Glasgow) and Cecily Rose (Leiden University) to explore the often-overlooked world of evidence and fact-finding in international adjudication.

Why does the International Court of Justice have so few formal rules on evidence? What does it actually do with the mountains of annexes submitted by parties? And what exactly counts as proof in international litigation? Drawing on James’s leading work on ICJ fact-finding and Cecily’s experience across arbitration and international courts, the episode examines the Court’s traditionally reactive approach, recent efforts at reform, and how it compares with more interventionist practices in investment arbitration and human rights courts.

The conversation also unpacks practical issues - from expert evidence and adverse inferences to the strategic dynamics of litigation - offering insights into how international courts construct “facts” in the absence of strict evidentiary frameworks.

Sound production: Jamie Guilfoyle

Music: Sam Barsh, Oils of au lait