Statute, Article 49: Obtaining Evidence by the Court
(1,710 words)

paragraph 324 in volume 3, chapter 21, The Oral Proceedings

previous paragraph

A series of provisions enables the Court itself to obtain information it requires and which has not been produced by the parties. Article 44 of the Statute provides:

1.
For the service of all notices upon persons other than the agents, counsel, and advocates, the Court shall apply direct to the government of the State upon whose territory the notice has to be served.
2.
The same provision shall apply whenever steps are to be taken to procure evidence on the spot. 1

By Article 49,

The Court may, even before the hea…

Cite this page
Malcolm N. Shaw, “Statute, Article 49: Obtaining Evidence by the Court”, in: Rosenne's Law and Practice of the International Court: 1920-2015. Consulted online on 28 April 2017 <http://dx.doi.org/10.1163/2468-5992_rose_COM_0324>
First published online: 2017
First print edition: 20161001



▲   Back to top   ▲