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.
Congo is a country that has been impoverished by its riches. First it was its human capital that suffered, its people brutally enslaved by Arabs and then Europeans. Then the Europeans took it over, or, to be precise, one European, King Leopold II of the Belgians, who presented himself – the old monster – as a humanitarian, and was given the Congo as a personal fiefdom to prevent his more powerful neighbours squabbling over it. (There’s still a statue of him, incidentally, in the Jardin du Roi in Brussels.) He then sublet it to capitalist ‘concessionaires’ whose exploitation of its rubber and palm oil gave rise to atrocities that are among the most notorious in colonial history.BACK TO TOP