ABSTRACT

In order to understand the power dynamic defining the work of the translator and interpreter at a war-crimes court, this chapter considers both the practitioner’s perspective and that of the institution. Of the many translation-related issues facing a war-crimes court, the most demanding are those related to offering a fair trial and insuring equality of arms – meaning the equal standing, funding, and effectiveness of both the prosecution and defence. In the case of the International Criminal Court, the 124 states parties that ratified the Rome Statute, founding the court, comprise its founding authority. The chapter examines several institutional or top-down issues: the question of who established these judicial institutions and pays the salaries, how the languages services were set up, and what is involved, in terms of translating and interpreting in the conduct of a defence, to ensure a fair trial.