Drawing on the experience of prosecuting at the international level in multicultural environments

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Authors: James Stewart
Cited by: 1

Abstract

This contribution offers a practitioner’s reflection on the cultural challenges of international criminal prosecutions, drawing on the author’s experience in the early genocide trials at the International Criminal Tribunal for Rwanda (ICTR) and as Deputy Prosecutor at the International Criminal Court (ICC). Rather than a formal analysis, it distils practical, common-sense lessons about working in court with eyewitnesses who were victims and survivors. It examines how counsel may prepare witnesses across linguistic and cultural divides, how cultural norms shape memory, narrative, and demeanour, and how those norms extend to interpreters, counsel, and judges from divergent legal traditions. Throughout, it stresses cultural sensitivity and genuine human connection as foundations for the court's search for truth — concluding that, in such settings, it is often wisest simply to listen and learn.

Fields of Study & Subjects

Cambodian History and Society Middle East and Rwanda Conflicts International Law and Human Rights

Publication details

Journal / source
Oñati Socio-legal Series
Publisher
Onati International Institute for the Sociology of Law
Volume
16
Issue
4
Pages
1629–1639
Publication date
30 July 2026
Language
PT