Translating Evidence and Interpreting Testimony at a War Crimes Tribunal


Book Description

How can defendants be tried if they cannot understand the charges being raised against them? Can a witness testify if the judges and attorneys cannot understand what the witness is saying? Can a judge decide whether to convict or acquit if she or he cannot read the documentary evidence? The very viability of international criminal prosecution and adjudication hinges on the massive amounts of translation and interpreting that are required in order to run these lengthy, complex trials, and the procedures for handling the demands facing language services. This book explores the dynamic courtroom interactions in the International Criminal Tribunal for the Former Yugoslavia in which witnesses testify through an interpreter about translations, attorneys argue through an interpreter about translations and the interpreting, and judges adjudicate on the interpreted testimony and translated evidence.




Translating Evidence and Interpreting Testimony at a War Crimes Tribunal


Book Description

How can defendants be tried if they cannot understand the charges being raised against them? Can a witness testify if the judges and attorneys cannot understand what the witness is saying? Can a judge decide whether to convict or acquit if she or he cannot read the documentary evidence? The very viability of international criminal prosecution and adjudication hinges on the massive amounts of translation and interpreting that are required in order to run these lengthy, complex trials, and the procedures for handling the demands facing language services. This book explores the dynamic courtroom interactions in the International Criminal Tribunal for the Former Yugoslavia in which witnesses testify through an interpreter about translations, attorneys argue through an interpreter about translations and the interpreting, and judges adjudicate on the interpreted testimony and translated evidence.




Communication, Interpreting and Language in Wartime


Book Description

This edited book provides a multi-disciplinary approach to the topics of translation and cross-cultural communication in times of war and conflict. It examines the historical and contemporary experiences of interpreters in war and in war crimes trials, as well as considering policy issues in communication difficulties in war-related contexts. The range of perspectives incorporated in this volume will appeal to scholars, practitioners and policy-makers, particularly in the fields of translating and interpreting, conflict and war studies, and military history.




Legacies of the International Criminal Tribunal for the Former Yugoslavia


Book Description

The International Criminal Tribunal for the former Yugoslavia (ICTY) is one the pioneering experiments in international criminal justice. It has left a rich legal, institutional, and non-judicial legacy. This edited collection provides a broad perspective on the contribution of the tribunal to law, memory, and justice. It explores some of the accomplishments, challenges, and critiques of the ICTY, including its less visible legacies. The book analyses different sites of legacy: the expressive function of the tribunal, its contribution to the framing of facts, events, and narratives of the conflict in the former Yugoslavia, and investigative and experiential legacies. It also explores lesser known aspects of legal practice (such as defence investigative ethics, judgment drafting, contempt cases against journalists, interpretation and translation), outreach, approaches to punishment and sentencing, the tribunals' impact on domestic legal systems, and ongoing debates over impact and societal reception. The volume combines voices from inside the tribunal with external perspectives to elaborate the rich history of the ICTY, which continues to be written to this day.




The Routledge Handbook of Translation and Politics


Book Description

The Routledge Handbook of Translation and Politics presents the first comprehensive, state of the art overview of the multiple ways in which ‘politics’ and ‘translation’ interact. Divided into four sections with thirty-three chapters written by a roster of international scholars, this handbook covers the translation of political ideas, the effects of political structures on translation and interpreting, the politics of translation and an array of case studies that range from the Classical Mediterranean to contemporary China. Considering established topics such as censorship, gender, translation under fascism, translators and interpreters at war, as well as emerging topics such as translation and development, the politics of localization, translation and interpreting in democratic movements, and the politics of translating popular music, the handbook offers a global and interdisciplinary introduction to the intersections between translation and interpreting studies and politics. With a substantial introduction and extensive bibliographies, this handbook is an indispensable resource for students and researchers of translation theory, politics and related areas.




Interpreters and War Crimes


Book Description

Taking an interdisciplinary approach, this book raises new questions and provides different perspectives on the roles, responsibilities, ethics and protection of interpreters in war while investigating the substance and agents of Japanese war crimes and legal aspects of interpreters’ taking part in war crimes. Informed by studies on interpreter ethics in conflict, historical studies of Japanese war crimes and legal discussion on individual liability in war crimes, Takeda provides a detailed description and analysis of the 39 interpreter defendants and interpreters as witnesses of war crimes at British military trials against the Japanese in the aftermath of the Pacific War, and tackles ethical and legal issues of various risks faced by interpreters in violent conflict. The book first discusses the backgrounds, recruitment and wartime activities of the accused interpreters at British military trials in addition to the charges they faced, the defence arguments and the verdicts they received at the trials, with attention to why so many of the accused were Taiwanese and foreign-born Japanese. Takeda provides a contextualized discussion, focusing on the Japanese military’s specific linguistic needs in its occupied areas in Southeast Asia and the attributes of interpreters who could meet such needs. In the theoretical examination of the issues that emerge, the focus is placed on interpreters’ proximity to danger, visibility and perceived authorship of speech, legal responsibility in war crimes and ethical issues in testifying as eyewitnesses of criminal acts in violent hostilities. Takeda critically examines prior literature on the roles of interpreters in conflict and ethical concerns such as interpreter neutrality and confidentiality, drawing on legal discussion of the ineffectiveness of the superior orders defence and modes of individual liability in war crimes. The book seeks to promote intersectoral discussion on how interpreters can be protected from exposure to manifestly unlawful acts such as torture.




The Palgrave Handbook of Languages and Conflict


Book Description

This Handbook maps the contours of an exciting and burgeoning interdisciplinary field concerned with the role of language and languages in situations of conflict. It explores conceptual approaches, sources of information that are available, and the institutions and actors that mediate language encounters. It examines case studies of the role that languages have played in specific conflicts, from colonial times through to the Middle East and Africa today. The contributors provide vibrant evidence to challenge the monolingual assumptions that have affected traditional views of war and conflict. They show that languages are woven into every aspect of the making of war and peace, and demonstrate how language shapes public policy and military strategy, setting frameworks and expectations. The Handbook's 22 chapters powerfully illustrate how the encounter between languages is integral to almost all conflicts, to every phase of military operations and to the lived experiences of those on the ground, who meet, work and fight with speakers of other languages. This comprehensive work will appeal to scholars from across the disciplines of linguistics, translation studies, history, and international relations; and provide fresh insights for a broad range of practitioners interested in understanding the role and implications of foreign languages in war.




The Tokyo Tribunal: Perspectives on Law, History and Memory


Book Description

The ‘International Military Tribunal for the Far East’ (IMTFE), held in Tokyo from May 1946 to November 1948, was a landmark event in the development of modern international criminal law. The trial in Tokyo was a complex undertaking and international effort to hold individuals accountable for core international crimes and delivering justice. The Tribunal consisted of 11 judges and respective national prosecution teams from 11 countries, and a mixed Japanese–American team of defence lawyers. The IMTFE indicted 28 Japanese defendants, amongst them former prime ministers, cabinet ministers, military leaders, and diplomats, based on a 55-count indictment pertaining to crimes against peace, war crimes, and crimes against humanity. The judgment was not unanimous, with one majority judgment, two concurring opinions, and three dissenting opinions. The trial and the outcome were the subject of significant controversy and the Tribunal’s files were subsequently shelved in the archives. While its counterpart in Europe, the ‘International Military Tribunal’ (IMT) at Nuremberg, has been at the centre of public and scholarly interest, the Tokyo Tribunal has more recently gained international scholarly attention. This volume combines perspectives from law, history, and the social sciences to discuss the legal, historical, political and cultural significance of the Tokyo Tribunal. The collection is based on an international conference marking the 70th anniversary of the judgment of the IMTFE, which was held in Nuremberg in 2018. The volume features reflections by eminent scholars and experts on the establishment and functioning of the Tribunal, procedural and substantive issues as well as receptions and repercussions of the trial.




An Encyclopedia of Practical Translation and Interpreting


Book Description

As a sequel to?An Encyclopedia of Translation: ChineseEnglish EnglishChinese, which was published in 1995, this volume,?An Encyclopedia of Practical Translation and Interpreting, focuses on practical translation and interpreting, the two emerging areas of increasing importance in recent decades. Some chapters in this volume are illustrated with examples in translation between Chinese and English. Scholars and experts from China, France, Hong Kong, Spain, Taiwan, the United Kingdom, and the United States share with us their experiences in translation or interpreting practice. This encyclopedia should be of great interest to both specialists and general readers.




The Routledge Handbook of Translation, Interpreting and Crisis


Book Description

This handbook offers a broad-ranging overview of the study of translating and interpreting in conflict and crisis settings and takes the field in new directions. Covering a wide selection of multimodal contexts that build on the fundamentals of translation, interpreting, and their in-between hybrid forms of mediation, the handbook is divided into four parts. The opening part covers perspectives on policy and practices, whether contemporary or historical, and cases truly span the globe, from Peru and Brazil, over Belgium and Sierra Leone, to Australia, Japan, and Hong Kong. International developments require profound considerations about the professionalisation of access to language in times of crises, not least in contexts of humanitarian negotiation or conflict zone interpreting–these form the second part. The subsequent part deals with spheres of community in which language needs are positioned within frames of agency, positionality, and trust, and the challenges that these face. The contributions build on cases where interpreters act as catalysts for translation needs in settings of humanitarian aid and beyond. The final part considers language strategies and solutions in crises. This handbook is the essential guide to translation and interpreting in conflict and crisis settings for advanced students and researchers of translation and interpreting studies and will be of wide interest in peace studies, political science, and beyond.