Our view of the world is to a large degree a function of our own language and culture. English has become the lingua franca in international legal academic and practical dialogue, and there is a related concern that the Englishor its direct descendant, Anglo-Americanintellectual and legal culture has drawn a thick veneer over the canvas of international criminal law as well. The differences in linguistic and cultural influence need attention as they are a primary determinant of that dialogue, not merely in form but possibly also in substance. The conversation, even in the lingua franca, does not seem to happen with the same intensity from all sides to the exchange, because in addition to the question of ability to engage there seems to be a difference in willingness or interest based not merely on lack of language command, but possibly also on cultural aversion. The main systemic divide in the conversations in international criminal law still is the dichotomy between common and civil law, and coinciding with that between a practical/pragmatic approach on the one hand, and a doctrinal/principled attitude on the other. This paper will attempt to elaborate on some of the conceptual and cultural differences, beyond the superficial labels often used in the discussion, such as "adversarial vs. inquisitorial", "statute vs. judge-made law" etc., as they may impact on the creation of international criminal law.
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