Language rights in the minimum guarantees of fair criminal trial

Abstract

The linguistic dynamics of a multilingual trial are significant determinants of fair hearing. By analysing the jurisprudence of the International Criminal Tribunals, on language and fair trial, this article attempts to situate language guarantees in the framework of the fundamental right to fair trial. If successful, this could raise the profile of the entire debate on language in international criminal trials, and hopefully instigate reform. Notably, the effective participation of a person in his/her trial is a function of language. From the information of charges, through the process of defence, examining witnesses and interpreting the evidence, language is a significant handmaid. Specifically, translation, as an indispensable component of a multilingual trial, enhances the relevance of linguistic forces to the realisation of a fair criminal trial.