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What Can Domestic Courts Learn from International Courts and Tribunals about Good Practice in Interpreting?: From the Australian War Crimes Prosecutions to the International Criminal Court

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It is widely accepted that ‘quality of interpreting is closely linked to the conditions under which interpreters are expected to work’ (Hale 2011). This article examines and compares working conditions provided by domestic and international courts to enable interpreters’ professional operations. Interpreting requirements include courtroom design that enables satisfactory acoustics and visibility, the provision of a dedicated preparation and work place, as well as conditions that include fatigue prevention and other aspects necessary for competent performance. The article shows that satisfactory terms of employment and working conditions in international courts (ICTY, ICC etc.) are in stark contrast to those in domestic courts (mainly in the common law English-speaking countries, and some civil law countries), and that very few domestic courts provide adequate working conditions for interpreters.

Abstract

It is widely accepted that ‘quality of interpreting is closely linked to the conditions under which interpreters are expected to work’ (Hale 2011). This article examines and compares working conditions provided by domestic and international courts to enable interpreters’ professional operations. Interpreting requirements include courtroom design that enables satisfactory acoustics and visibility, the provision of a dedicated preparation and work place, as well as conditions that include fatigue prevention and other aspects necessary for competent performance. The article shows that satisfactory terms of employment and working conditions in international courts (ICTY, ICC etc.) are in stark contrast to those in domestic courts (mainly in the common law English-speaking countries, and some civil law countries), and that very few domestic courts provide adequate working conditions for interpreters.

참고문헌 (14)

  1. "AUSIT Code of Ethics for Interpreters & Translators" (1995)[URL]
  2. Colin, J, "Interpreters and the Legal Process" (1996), Waterside Press
  3. Gaiba, F., "The Origins of Simultaneous Interpretation : The Nuremberg trial" (1998), University of Ottawa Press
  4. Hajdu, N., "The Kidnapper and the Kidnapped: Interpreting at the International Criminal Tribunal for the Former Yugoslavia", ~ (2005)
  5. Interpreter Policies, Practices and Protocols in Australian Courts and Tribunals: A National Survey, "Hale, S.", The Australasian Institute of Judicial Administration Incorporated, ~ (2011)
  6. Hale, S., "Interpreter quality and working conditions: comparing Australian and international courts of justice", Judicial Officers’ Bulletin, 23(9), pp.75~78 (2011)
  7. Hof, M., "Interpreting at international courts: A survey of practices influencing quality", MA, pp.2000
  8. Morris, R., "The Eichmann and Demjanjuk Trials : A comparison", Paper presented at the AIIC Court Interpreting Seminar (2001)
  9. Russell, D., "Interpreting in Legal Contexts: Consecutive and simultaneous interpretation" (2002), Linstok Press
  10. Stern, L., "Non-English Speaking Witnesses in the Australian Legal Context : The War Crimes Prosecution as a case study", Law, Culture, pp.1995, 2[DOI]
  11. Stern, L., "At the Junction of Cultures – Interpreting at the International Criminal Tribunal for the Former Yugoslavia in the Light of Other International Interpreting Practices", The Judicial Review, 5(3), pp.255~274 (2001)
  12. Stern, L., "Interpreting Legal Language at the International Criminal Tribunal for the Former Yugoslavia : overcoming the lack of lexical equivalents", The Journal of Specialised Translation, 2, pp.63~75 (2004)
  13. Stern, L., "The Oxford Handbook of Translation Studies", pp.321~338 (2011), OUP
  14. "The Newly Implemented Judicial Reform in Japan and the Impact on Legal Interpreting and translation" (2009)[URL]

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