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.
There are many kinds of lying which the law already catches: lying to defraud people of money or property; lying about someone’s character; lying on oath. In Germany and a number of other states Holocaust denial is a statutory lie and a crime. But, such offences aside, human rights law has found itself unable to draw a line between freedom to speak your mind and freedom to fabricate, falsify or mislead. The reason is not hard to see: a court called on to adjudicate on, for instance, some of the tall stories propagated in the course of the EU referendum campaign would have had to assume the role of a ministry of truth.BACK TO TOP