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.
[T]here is an almost fascistic tone to the rhetoric of some on the political right which can stretch from Foreign Minister Avigdor Lieberman’s Yisrael Beiteinu party to younger members of the governing Likud, the prime minister’s party, and also to some in its Mizrachi base, that is, those who descend from Islamic countries and poorer sectors of the population. They certainly are soft on the thugs of the settler movement who try to intimidate both Palestinian Arabs and Israeli peaceniks. And they are adept at manipulating administrative law through the bureaucracies and the courts to burden Arab life, both in Israel and the territories. There is also a certain militaristic cast to their ways. Moreover, they are sure that, if they don’t win this political battle and that, the apocalypse is just around the corner. This is the ugliest part of Israeli political life. – Marty Peretz, TNR.BACK TO TOP