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.
In the spring of 1961, Frantz Fanon wrote to his publisher in Paris to suggest that he ask Jean-Paul Sartre for a preface to his anti-colonial manifesto, The Wretched of the Earth. ‘Tell him that every time I sit down at my desk, I think of him.’ For revolutionary intellectuals in the Third World, Sartre seemed miraculously uncontaminated by the paternalism – and hypocrisy – that gave the white left such a bad reputation. While intellectuals in the orbit of the French Communist Party were vacillating over the Algerian war of independence, he gave his unconditional support to the rebels, a stance that nearly got him killed by an OAS bomb planted outside his flat. He contributed fiery prefaces not only to Fanon’s book, but to Léopold Sédar Senghor’s anthology of Négritude poets and to Albert Memmi’s Portrait of the Coloniser.BACK TO TOP