Interpretation and translation in atrocity trials: insights from the Khmer Rouge Tribunal

Abstract

This article draws attention to some of the ways the Extraordinary Chambers in the Courts of Cambodia’s (ECCC) proceedings have been shaped by the process of translation, interpretation and vernacularisation. In doing so, it seeks to add a novel case study to a growing literature that exposes the central role of language professionals in the operation of international courts and tribunals. The article highlights challenges that arose at the ECCC around the interpretation, translation and vernacularisation of legal concepts, using the examples of ‘genocide’ and ‘reparation’ to demonstrate how a focus on linguistic translation can obscure the more substantial vernacularisation work involved in rendering legal concepts legible. It then explores the challenges raised by victims’ and witnesses’ use of euphemism, interrogating different approaches towards translating and interpreting euphemism in the context of a criminal trial. Finally, it explores victims’ and witnesses’ use of Khmer Rouge jargon, and the challenges that posed for Khmer language professionals born after the fall of the regime. Drawing from these examples, the article emphasises the need for international criminal institutions to take the process of translation seriously, to understand it as significantly more than a technical linguistic exercise, and to give thought to the additional resources, training and expertise that might be needed to ensure accuracy both in the courtroom and when communicating concepts and processes outside the courtroom. This extends both to the training and resources that interpreters and translators might need, and the cultural awareness and sensitivity that legal practitioners might need in order to engage with victims and witnesses across language barriers.