Tribunals
By
Cathy Kendzior

Tribunals
To first understand why a tribunal is important one must understand what a tribunal is and does. A tribunal is a committee or court which is convened to address a special issue. Apart from the mainstream courts, numerous tribunals have been created as an alternative method of dispute resolution in areas where there is a need for specialist knowledge.
Tribunals are not part of the regular legal system, but they are usually established by the government and their results are legally binding. Tribunals maybe put together for a number of reasons and proceedings can be open or closed.
By the end of the 20th century it was clear that the tribunal structure was a likely candidate for reform given the number of different tribunals, all operating under different procedures and government. A classic reason to convene a tribunal is where the international community wants to hold hearings pertaining to genocide, acts of war or any other event. These hearings are held on a international level to avoid accusations of manipulation or favoritism.
Tribunals came under scrutiny in 1957 with the Franks Committee. The committee claimed tribunals were “cheapness, accessibility, freedom form technicality, expedition and expert knowledge of their particular subject” (lawobserver.com). The franks report led to the Tribunals and Inquiries Act of 1958 which has now been replaced by the Tribunals and Inquiries Act of 1992. Under these acts the Council on Tribunals came into being and was given the role of supervising Tribunals.
The reasons tribunals are important between countries are, let’s say; War took place in Britain, a tribunal formed/convened in Britain they maybe accused of leaning towards the British side when the hearings start. An independent tribunal would judge the situation without bias.
Tribunals are formed for other reasons too: to conduct hearings on social issues, and matters of religious concern. The religious sects would work out disputes and investigate suspicious activities. Members of the tribunal would come from the hierarchy of the church. The results may not be legally, but they will be binding within the church.
Cultural and Political differences:
Tribunals are important for several reasons. They hold individuals accountable for committing crimes that their countries neither have the means nor the laws to do so. They also help get rid of impunity for war crimes and other violations of international law. They also shield entire communities from being labeled collectively responsible for others actions and causing suffering; thus paving the way for war-torn societies to reconcile. If there were not tribunals these items would be harder to achieve.
Not only are tribunals affected by cultural and political differences they are formed because of them. The International Criminal Tribunal for Rwanda was established to bring to justice those responsible for serious breaches of international humanitarian law and genocide acts. To achieve this you must play a back and forth game with the Rwanda government, and be subjected to Rwanda’s cultural and political ideas.
How can things work around Cultural and Political differences:
Besides dealing with different legal traditions is accounting for differences in communications styles, cultural mores, perceptions of time and contest, religion, politics, gender, taboos and body language. How do you fairly take these into account to ensure a trustworthy process that’s good for both sides?
This subject is touchy even experts differ on. Does cultural differences matter very much, is cultural just a word. Tribunals need to find out three things that are basic; 1) what impact does language differences have? 2) what gestures, body language or taboos should be avoided? 3) are there some overview characteristics of the parties home countries that are help full to know?
The Impact of Language:
Skilled professional translators and interpreters are important. Documents need to be translated and witnesses need help translating testimony. Even with translators and interpreters the words need to be used carefully so there are no colloquialisms or peculiar idioms.

Gestures and Body Language:
Before you use body language think first before you do you may start an international incident like the one that happened at the Bangladesh’s new parliament:
The opening session of Bangladesh’s new parliament turned into chaos Sunday after opposition legislators reacted with fury to an alleged offensive thumb gesture by Shipping Minister A.S.M.Rab. The gesture was considered a grave insult in Bangladesh. “This is a dishonor not only to Parliament but to the nation” (Gestures; Do’s and Taboos around the world) the gesture was a thumbs-up, highly offensive in Bangladesh.
More over rules may differ from men to women. In Saudi Arabia, a casual conversation about women is forbidden, even if it’s asking about the health of someone’s wife.
Demerits of Tribunals:
Some say war crimes tribunals offer no deterrent to potential criminals. Those with convictions against religious or ethnic groups will not feel less hatred for that group. Others say it’s to complex. The 1979 Royal commission on Legal Services wanted a review of tribunal procedures so that people could represent themselves.
More say the fact that some tribunals are held in private leads to a suspicion about the decisions. Plus reasons for decisions are not always given. You have no right to appeal the outcome or what happens. Other criticism listed:
1) War crimes tribunals do not alleviate the problem or causes of the conflict. 2) War crimes tribunals can escalate conflict in multi-ethnic society. 3) War crimes tribunals are ineffective in transforming a fractured society. 4) Only offer victors justice. 5) They lack some of the perceived independence of the judiciary.

Reference:
Advantages and disadvantages of Tribunals, looked up 12/7/12; www.sixthformlaw.info
International War Crimes Tribunals, looked up 12/7/12; www.beyondintractability.org
Tribunals and Appeals, looked up 12/7/12; www.thestudentroom.co.uk
Cultural Differences in International Arbitration, looked up 12/6/12; www.mnbar.org
Axtell, Roger, Do’s and Taboos Around the World (Wiley, John, & Sons Inc.)
Tribunals, looked up 12/7/12; www.lawobserver.co.uk