Weight Of Evidence Generated Through Intra-Institutional Fact-Finding Before The International Court Of Justice

The Advisory Opinion rendered by the International Court of Justice on 22 July 2010 on the Accordance with International Law of the Unilateral Declaration of Independence by the Provisional Institutions of Self-Government of Kosovo, raises questions concerning the weight to be attributed to factual qualifications made by principal organs of the United Nations before the Organization's principal judicial organ, the International Court of Justice. This article analyses the case law of the Court to assess the weight of factual qualifications made by the General Assembly, the Security Council, and the Secretariat of the United Nations, in particular the Secretary-General. It argues that the Kosovo Advisory Opinion signals a shift in attitude by the Court towards the weight to be attributed to factual qualifications made by the Court's fellow principal organs of the United Nations that is not in consonance with the Court's earlier practice. This new practice should not be followed in future contentious cases and advisory proceedings.