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 dead are hard to think about – and, in many ways, to read about. Unlike animals, which Lévi-Strauss declared were not only good to eat but bon à penser, too, I found that I averted my eyes, so to speak, several times as I was reading [The Work of the Dead: A Cultural History of Mortal Remains]. Not because of the infinite and irreversible sadness of mortality, or because of the grue, the fetor, the decay, the pervasive morbidity – though Laqueur’s gallows humour about scientific successes in the calcination of corpses can be a bit strong – but because the dead present an enigma that can’t be grasped: they are always there in mind, they come back in dreams, live in memory, and if they don’t, if they’re forgotten as so many millions of them must be, that is even more disturbing, somehow reprehensible. The disappeared are the unquietest ghosts.BACK TO TOP