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 fallout from the 2010 bidding round, the Qataris complained that they were taking the heat for a process that had also rewarded Putin and his kleptocratic regime. Why weren’t the Russians the ones in the firing line? Part of Qatar’s problem was that the Americans, from whom they had effectively stolen the tournament, began shortly afterwards to look into Fifa’s finances. A US Department of Justice inquiry into Warner, which ended up charging him with ‘wire fraud, racketeering and money laundering’, triggered the exposure of a whole raft of dodgy practices, including a proposed payment of $2 million from Fifa’s chairman, Sepp Blatter, to his deputy and anointed successor, Platini, which eventually led to the resignation of both men.BACK TO TOP