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.
Two years ago, the ESPN host Bomani Jones appeared on the network’s morning show wearing a T-shirt that seemed, at first glance, to bear the logo of Cleveland’s baseball team, but, in place of the trademark cursive “Indians,” the shirt read “Caucasians”; the crude caricature of a Native American had also been altered to look like a grinning white man. The reaction was swift: ESPN demanded that he cover up the shirt while on air; many white people criticized Jones’s “racism” on social media. The point was easy to discern: Native Americans continue to be depicted in derogatory ways and relegated to a kind of racist stereotype in a manner that many white people would find intolerable were it directed at them.BACK TO TOP