Shaping international justice: The role of translation and interpreting at the ICTY in The Hague

The work of the ICTY courtroom is an ongoing exercise in translation and interpreting. At times discussions of issues related to translation and interpreting are so germane to a trial that they merit inclusion in the trial judgment. Furthermore, translation affords a variety of translation-specific opportunities for courtroom strategies for both the defense and the prosecution. An example of this is a series of courtroom discussions with witnesses and forensic experts on how to translate and interpret the word “asanacija” in several of the Srebrenica trials which reached trial and appeal judgments. The article describes the process by which the Tribunal language services arrived at their translation of this term and their recommendations for interpreters and the impact of the discussions on translation and interpreting for the outcome of these trials. Hence, translation and the forces it sets in motion often influence jurisprudence and shape international justice.