The Impact of Cultural Diversity on International Criminal Proceedings
Jessica Almqvist, Researcher in the Human Rights Section, FRIDE Madrid and Adjunct Instructor, New School University, New York (JOURNAL OF INTERNATIONAL CRIMINAL JUSTICIE, DIC/05).
This article analyses the impact of cultural diversity on international criminalproceedings, and what may be done to counter the unfortunate conditions ç limited(or lack of) understanding, alienation and disagreement ç resulting from this diver-sity.Eachoftheseconditions,ifignored,seriouslyunderminesnotmerelytheefficacy of international criminal tribunals, but also their worth fromthe standpoint of those who are supposed to benefit from them, i.e. actualparticipants (accused, witnesses and victims) and affected populations. At present,international criminal tribunals primarily understand the problem of culturaldiversity as one of how to cope with linguistic variations. However, a persistentfocus on culture as language hides differences in terms of other culture-specificcomponents of equal relevance to their work, notably socio-cultural norms andconvictions about justice. These variations are especially difficult to tackle. In thiscontext, the article examines whether national courts, which are assumed to conducttheir proceedings in more culturally homogenous settings, offer more appropriatefora of adjudication of grave crimes under international law.
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