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 hopes invested in ‘peace’ were once immense, but it has never looked so shaky, even in America, which has underwritten these fictions for decades and rewarded Israel handsomely for paying lip service to them. American liberals no longer lament the fact that Netanyahu has taken Israel off its preordained, conciliatory course, and hope that ‘the left’ might steer it back. There is no left in Israel aside from a few heroic groupuscules. Netanyahu’s Israel – illiberal, exclusionary, racist – is now the political centre.BACK TO TOP