Reasonable Doubt About Proof “Beyond Reasonable Doubt” in International Administrative Law

The ILOAT’s adoption of the standard of proof “beyond reasonable doubt” in disciplinary matters has caused perplexity in the community of international organisations and has not been followed by any other competent tribunal. Particularly, its application in the area of disputes on workplace harassment has been criticised by experts in the field and may have contributed to the decision of a number of organisations to withdraw from the jurisdiction of the ILOAT. While the Tribunal nuanced its position in the 2019 en banc judgment in G.M. v. IAEA by distinguishing between claims for protection against harassment and proceedings for misconduct, a number of questions of practice and principle remain unanswered.