As seductive as certain perspectives of international law may appear to those who disagree with the outcome of the interpretative exercise conducted by this Court in the contempt judgment, sight must not be lost of the proper place of international law, especially in respect of an application for rescission. The approach that my Brother adopts may be apposite in the context of an appeal, where a court is enjoined to consider whether the court a quo erred in its interpretation of the law. Although it should be clear by now, I shall repeat it once more: this is not an appeal, for this Court’s orders are not appealable. I am deeply concerned that seeking to rely on articles of the ICCPR as a basis for rescission constitutes nothing more than sophistry.
Talking in bed ought to be easiest,
Lying together there goes back so far,
An emblem of two people being honest.
Yet more and more time passes silently.
Outside, the wind’s incomplete unrest
Builds and disperses clouds in the sky,
And dark towns heap up on the horizon.
None of this cares for us. Nothing shows why
At this unique distance from isolation
It becomes still more difficult to find
Words at once true and kind,
Or not untrue and not unkind.
– Phillip LarkinBACK TO TOP