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.
Symptomatic of this risk of flipping over into fascism were a set of rituals and practices Adorno particularly abhorred – for instance, the technique of calling for a discussion, only to then make one impossible; “democratism” in the form of endless, and at times fruitless committee meetings; suspicion and paranoia, especially in relation to questions of leadership and representation; a mode of behaviour (he qualified it as barbaric inhumanity) that confused “regression” with “revolution”; the blind primacy of “direct action” as a substitute for “thought”; a formalism and proceduralism which were indifferent to the content and shape of that against which one revolts. For him, dialectics meant, amongst other things, that ends were not indifferent to means.BACK TO TOP