The Impact of Cultural Diversity on International Criminal Proceedings

This article analyses the impact of cultural diversity on internationalcriminal proceedings, and what may be done to counter the unfortunateconditions — limited (or lack of) understanding, alienationand disagreement — resulting from this diversity. Eachof these conditions, if ignored, seriously undermines not merelythe efficacy of international criminal tribunals, but also theirworth from the standpoint of those who are supposed to benefitfrom them, i.e. actual participants (accused, witnesses andvictims) and affected populations. At present, internationalcriminal tribunals primarily understand the problem of culturaldiversity as one of how to cope with linguistic variations.However, a persistent focus on culture as language hides differencesin terms of other culture-specific components of equal relevanceto their work, notably socio-cultural norms and convictionsabout justice. These variations are especially difficult totackle. In this context, the article examines whether nationalcourts, which are assumed to conduct their proceedings in moreculturally homogenous settings, offer more appropriate foraof adjudication of grave crimes under international law.