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.
Without an ethic of love shaping the direction of our political vision and our radical aspirations, we are often seduced, in one way or the other, into continued allegiance to systems of domination—imperialism, sexism, racism, classism. It has always puzzled me that women and men who spend a lifetime working to resist and oppose one form of domination can be systematically supporting another. I have been puzzled by powerful visionary black male leaders who can speak and act passionately in resistance to racial domination and accept and embrace sexist domination of women, by feminist white women who work daily to eradicate sexism but who have major blind spots when it comes to acknowledging and resisting racism and white supremacist domination of the planet.