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.
ut elites find it hard to believe the worst of our own – just as families do members of their kin. Some of this is due to the nature of sociopaths – they con even the most skeptical (I always think of the hard-nosed skeptic, Hanna Rosin, who defended the fabulist, Stephen Glass, out of loyalty and friendship and disbelief at the extent of his ethical vandalism). But some is due surely to our refusal to believe we can have long associated with people capable of such acts. Rather than question our own judgment, we rush to defend or ignore the indefensible. – Andrew Sullivan on why friends are defending IMF chief Strauss-Kahn (casting new light on why so many people kept on supporting Jacob Zuma during his corruption case)BACK TO TOP