Decolonising expert evidence in international law? Cultural and environmental rights’ litigation before the Inter-American Court of Human Rights

In what manner can colonial elements embedded within the category of expert evidence be transformed to promote the effectiveness of human rights, particularly with respect to cultural and environmental rights? This paper addresses this topical inquiry from an interdisciplinary perspective that encompasses socio-legal scholarship (inter alia, law and anthropology) and other types of knowledge, including that of Indigenous and Afro-descendant. It argues for a reimagined conception of expert evidence in human rights law as a flexible tool, dynamically shaped by the parties in judicial settings. Expert evidence should not be perceived as a static or immutable construct; rather, it is a contextual instrument, crafted by individuals and legal rules, and subject to ever-evolving interpretations by judges. It may incorporate decolonial and counter-colonial elements and thus, become a powerful tool of strategic litigation and Indigenous advocacy. This argument is illustrated through an analysis of two pivotal issues in the Inter-American case law: the impartiality of knowledge in expert testimony and community-based expert witnessing. The analysis demonstrates a notable evolution in the production and evaluation of expert evidence, indicating a heightened awareness among legal practitioners and judges of the issues involved in socio-cultural and environmental disputes.