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.
The indignation of ‘Je suis Charlie’ and the momentary confection of national identity – carefully stage-managed by the government – were overwhelming. People find public grief exhilarating, as we know from the death of Diana. In the avalanche of sentiment, Todd argues, France lost sight of the fact that ‘the right to blaspheme against your own religion’ is not the same as blaspheming ‘against someone else’s’, especially ‘the religion of a group that is weak and discriminated against’.BACK TO TOP