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 humiliations of a wife who “stands by” her husband are well known to Americans, but the momentum of #MeToo has made the role particularly vexed. A wife whose husband has behaved badly is presumed to be a conscious or unconscious accomplice, a delusional victim, or, most injuriously, a fool. How did she not know? The sexism of our culture still makes it beyond comprehension that we could hold a man accountable for his misdeeds without also doling out some blame to the caretakers around him, who we believe should be responsible for his moral maintenance.BACK TO TOP