One cannot build (and try to maintain) an international legal order over the suffering of human beings, over the silence of the innocent destined to oblivion (...) Above the will stands conscience, which is, after all, what moves the Law ahead, as its ultimate material source, removing manifest injustice.
Jurisdictional Immunities of the State (Germany v. Italy), International Court of Justice, GL No. 143, 6 July 2010, the Dissenting opinion of judge Antônio Augusto Cancado Trindade, para. 179
Trindade is safely metamorphosing into a full fledged l'enfant terrible of the international adjudication, combining academia and narcissism with genuine benevolence. A la new Weeramantry it would seem. Albeit mostly sound in reasoning such extrovert posture may lead to the characterization of human rights as a playground for eccentrics - though, sub sole nilhil novi est.
No comments:
Post a Comment