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.
“Que sais-je?” “What do I know?” was Montaigne’s beloved motto, meaning: What do I really know? And what do we really know about him now? We may vaguely know that he was the first essayist, that he retreated from the world into a tower on the family estate to think and reflect, and that he wrote about cannibals (for them) and about cruelty (against it). He was considered by Claude Lévi-Strauss, no less, to be the first social scientist, and a pioneer of relativism—he thought that those cannibals were just as virtuous as the Europeans they offended, that customs vary equably from place to place.BACK TO TOP