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.
Nigel C. Gibson is the Director of the Honors Program at Emerson College. He is one of the leading scholars of the work of Frantz Fanon, and the author of Rethinking Fanon: The Continuing Dialogue (1999) Fanon: The Postcolonial Imagination (2003), and Biko Lives!: Contesting the Legacies of Steve Biko (Palgrave, 2003).