Invitation to Tender and Tender Specifications Translation Services French/English
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Invitation to Tender and Tender Specifications Translation Services French/English Background The International Nuremberg Principles Academy (Nuremberg Academy) is a non-profit foundation dedicated to the promotion of international criminal law and human rights. The Nuremberg Academy is located in Nuremberg, the birthplace of modern international criminal law. Conscious of this historic heritage, the Nuremberg Academy supports the fight against impunity for universally recognized core international crimes: genocide, crimes against humanity, war crimes, and the crime of aggression. Its main fields of activity include providing a forum for dialogue by convening conferences and expert meetings, conducting interdisciplinary and applied research, engaging in specialized capacity building for practitioners of international criminal law, and human rights education. Dedicated to supporting the worldwide application of international criminal law, the Nuremberg Academy promotes the Nuremberg Principles and the rule of law with a vision of sustainable peace through justice, furthering knowledge, and building capacities of those involved in the judicial process in relation to these crimes. More information on the work of the Nuremberg Academy is available on our website www.nurembergacademy.org The Nuremberg Academy, in partnership with the Centre for International Law Research and Policy (CILRAP),1 seeks to procure translation services to translate the e-learning platform, Lexsitus, from English into French. Lexsitus is an open access e-learning platform for International Criminal Law (ICL), available in the English language. It provides online-access to AV-lectures, commentary, case law, preparatory works, and digests of case law, at the level of each article and main provision of the Statute of the International Criminal Court. The platform aims to assist teachers, students, and legal professionals in the study, education, and dissemination of ICL. Objective 1 CILRAP seeks to contribute to academic activities in international law and to practitioners and policy makers in international law. It is a knowledge platform that includes and tries to bridge scholarship, publication, training, and other forms of knowledge-transfer, and the development of knowledge tools. Its knowledge-generation should be informed of, and where meaningful contribute to, practical needs, and contribute to a strengthening of the international legal order. 1
The objective of the assignment is to translate Lexsitus in French. Scope of Work The service provider will undertake the following duties and responsibilities: Translate and submit translation in electronic documents (MS WORD format); Material to be translated Lexsitus interface text To be discussed with the Academy Transcripts (subtitles) of videos 236 videos (306,244 words) CLICC Commentary 900 pages (512,000 words) Timestamp the translated transcripts (training provided by the Academy); Find and replace references and links to case law and other official documents with the documents available in French in the CLICC Commentary; Ensure overall quality review and accuracy of terms and terminology used in the translation; Review, proofread, and edit the translated text; Incorporate suggested changes to the translation; Implement the translation on Lexsitus; Consult with the Nuremberg Academy and CILRAP when required; and Complete the work within the agreed timeline. Expected Deliverables 1. A workplan approved by the Nuremberg Academy and CILRAP; 2. Translation of Lexsitus’ Interface; 3. Translation of the transcripts (subtitles); 4. Timestamp of the translated transcripts and incorporation into the films (training provided by the contractor); 5. Translation of the CLICC Commentary; and 6. Implementation of the translation on Lexsitus. Timeframe and Duration The translation must be carried out at the seat and with the resources (technical and other resources) of the service provider for an estimated amount of 820,000 words. The Academy reserves the right to contract more than one service provider and to divide the overall amount of text into lots. The translation shall start as soon as possible and end before December 2021. 2
Phase I: Translation of Lexsitus’ Interface Translation of the interface will be done first. It shall not take more than three weeks, including review and validation. Phase II: Translation of the Transcripts, Timestamping, and Implementation on Lexsitus The transcripts (subtitles) of the videos will be provided to the service provider in both MS Word and PDF formats. In the MS Word files, the transcripts are formatted into two columns (English original on the left and a column for the translation on the right), broken down into each line of the subtitles to facilitate the integration as subtitles. The PDF-files should be formatted exactly like the corresponding files for English transcript-files in Lexsitus as available in the ICC Legal Tools Database (go to ‘Publications’ -> ‘Lexsitus Lectures’ to see samples). The translated transcripts need to be time-stamped and incorporated into the films. The service provider will be trained by a technical colleague in the Lexsitus team. The time-stamping can be done on an ongoing basis as translations are completed. The French sub-titles will be released online in batches of films during the translation process. Phase III: Translation of the CLICC Commentary and Implementation on Lexsitus It is suggested to conduct phases II and III concomitantly, to show the first results of the project this year. The service provider is expected to find and replace the references and links to case law and other official documents with the documents in French, where available (using the persistent URLs in the ICC Legal Tools Database). The translation can be implemented in the Lexsitus back-end directly by the service provider on an ongoing basis, without IT assistance. The service provider will be identified by name at the bottom of each page of the commentary. Qualifications At least an undergraduate degree in Law; Native speaker in either French or English would be an asset; Proven skills in translation from English into French; Demonstrated good understanding of technical terms used in ICL; and Excellent writing and editing skills in English. Payment Modality Payment will be made in Euro. The rate per word shall be inclusive of all associated costs such as timestamping, review, incorporation, VAT and other applicable indirect taxes, etc. 3
How to apply The applicants shall submit the following documents: A CV; A cover letter (max. 2 pages) explaining why they are the most suitable candidates and detailing their relevant experience; A technical proposal containing a proposed timeline and expected delivery time for each phase; A financial proposal specifying the breakdown of costs (rate per word); and The sample translation test. The documents are to be submitted to admin@nurembergacademy.org no later than 17 July 2020 with the subject line “Tender for Translations - Lexsitus”. Please indicate your desired start date and your availability in your application. Addendum: Evaluation criteria Offers will be evaluated as follows: 60 % Price 20 % Sample Translation 20 % Relevant experience with translations in the field Addendum: Clarifications In case several translators will work on the translation, please do provide the CV of all translators involved. In case several translators will work on the translation, please do send only one Sample Translation. Contact If you have any questions, please contact: Natacha Bracq, Senior Officer for Training and Capacity Building E-Mail: natacha.bracq@nurembergacademy.org International Nuremberg Principles Academy Egidienplatz 23 90403 Nuremberg Germany Tel.: +49-911/231-14206 4
Invitation to Tender and Tender Specifications Sample Translation Test Please translate the following text from English to French: Article 8(2)(a) of the Rome Statute 2. For the purpose of this Statute, "war crimes" means: (a) Grave breaches of the Geneva Conventions of 12 August 1949, namely, any of the following acts against persons or property protected under the provisions of the relevant Geneva Convention: General remarks: War crimes are crimes committed in time of armed conflict. As there is no general definition of an armed conflict in the ICC Statute or the Elements of Crimes the Court has relied on ICTY jurisprudence to define “armed conflict”: “an armed conflict exists whenever there is a resort to armed force between States or protracted violence between governmental authorities and organized armed groups or between such groups within a State” (Prosecutor v. Lubanga, ICC T. Ch. I, Judgment, ICC-01/04-01/06, 14 March 2012, para. 533). The crimes listed in Article 8(2) can be perpetrated in both international and non-international armed conflicts (Prosecutor v. Bemba, ICC PT. Ch. II, Decision Pursuant to Article 61(7)(a) and (b) of the Rome Statute on the Charges of the Prosecutor Against Jean-Pierre Bemba Gombo, ICC- 01/05-01/08-424, ICC-01/05-01/08-424, 15 June 2009, para. 216). Whilst Articles 8(2)(a) and (b) cover acts committed in an international armed conflict, Articles 8(2)(c) and (e) refer to acts committed in a non-international armed conflict. Following the Tadić jurisprudence of the ICTY that refers to mixed conflicts, i.e. conflicts that are both international and non-international (Prosecutor v. Tadić (Case No. IT-94-1-I), ICTY A. Ch., Decision on the Defence Motion for Interlocutory Appeal on Jurisdiction, 2 October 1995, para. 77), the ICC has stated that (1) the nature of a conflict can change over time (Prosecutor v. Katanga, ICC T. Ch. II, Judgment, ICC-01/04-01/07-3436, 7 March 2014, para. 1181) and (2) conflicts of different nature can take place on the same territory (Lubanga, ICC T. Ch. I, ICC-01/04- 01/06, 14 March 2012, para. 540; Katanga, ICC T. Ch. II, ICC-01/04-01/07-3436, 7 March 2014, paras. 1174 and 1182; Prosecutor v. Ntaganda, ICC PT. Ch. II, Decision on the Confirmation of Charges, ICC-01/04-02/06-309, 9 June 2014, para. 33). As a result any determination of the qualification of an armed conflict must be based on an evaluation of the facts at the relevant time. 5
Analysis: Article 8(2)(a) states that “For the purpose of this Statute, ‘war crimes’ means: (a) Grave breaches of the Geneva Conventions of 12 August 1949, namely, any of the following acts against persons or property protected under the provisions of the relevant Geneva Convention…”. i) Scope of Application The four Geneva Conventions of 1949 apply in international armed conflict. Neither the Statute nor the Elements of Crimes define the concepts of “armed conflict” and “international armed conflict” and thus recourse must be had to the principles rules of international law, and more specifically, Common Article 2 of the Geneva Conventions which state that international armed conflicts involve two or more State parties to the conventions and do not necessitate a threshold of violence to apply (Lubanga, ICC T. Ch. I, ICC-01/04-01/06, 14 March 2012, para. 541; Katanga, ICC T. Ch. II, ICC-01/04-01/07-3436, 7 March 2014, para. 1177). The concept of an international armed conflict also includes military occupation (footnote 34 of the Elements of Crimes; Katanga, ICC T. Ch. II, ICC-01/04-01/07-3436, 7 March 2014, para. 1179). Whether the initial intervention that led to the occupation is lawful and whether the occupation was met with resistance is of no relevance (Office of the Prosecutor, Report on Preliminary Examination Activities 2016, 14 November 2016, para. 158): a “territory is considered to be occupied when it is actually placed under the authority of the hostile army, and the occupation extends only to the territory where such authority has been established and can be exercised” (Prosecutor v. Lubanga, ICC PT. Ch. I, Decision on the Confirmation of Charges, ICC-01/04-01/06- 803, 29 January 2007, para. 212; Lubanga, ICC T. Ch. I, ICC-01/04-01/06, 14 March 2012, para. 542; Katanga, ICC T. Ch. II, ICC-01/04-01/07-3436, 7 March 2014, para. 1179). In Katanga the ICC developed a list of elements to be taken into consideration when applying this definition (Katanga, ICC T. Ch. II, ICC-01/04-01/07-3436, 7 March 2014, para. 1180). 6
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