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.
But [Venezuelan President] Maduro’s intransigence has been more than matched by that of the opposition. Its leaders are fervently committed to overturning chavismo, driven by a visceral loathing that often comes with a strong dose of racism. The first direct challenges to Maduro’s rule came in early 2014, with a series of protests, the guarimbas, led mainly by the middle class and students. Then, in December 2015, the opposition gained control of the National Assembly: the first time it had a majority there since Chávez took office in 1999. With this, an institutional deadlock came into being that has lasted to this day: chavistas are in charge of the executive and – since Maduro designated a new supreme court in 2015 – the judiciary; but the opposition has the legislature, and refuses to recognise the authority of the other two branches of government.BACK TO TOP