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.
In Snowden’s view, the traditional forms of oversight—secret one-sided courts and closed congressional or parliamentary committees—are inadequate, not least because they have only partial information and poor technical understanding and are frequently misled. He may have had in mind such moments as when Director of National Intelligence James Clapper told Congress in March that the NSA did not intentionally collect “any type of data at all” on millions of Americans. That turned out not to be true. Clapper later justified his response as the “least untruthful answer” he could give. Which Orwell would surely have regarded as a doubleplusgood answer. – Alan Rushbridger in the New York Review of BooksBACK TO TOP