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Review Article

Moral ‘Scandal’ or International Justice?

Pages 354-361 | Published online: 12 Jul 2022
 

Notes

1 Cave, “The War in Ukraine Holds a Warning for the World Order”.

2 An independent report (26 May, 2022) done by the New Line Institute for Strategy and Policy establishes that the Russian Federation is in breach of the Genocide Convention. The ‘report reasonably concludes that Russia bears State responsibility for breaches of Article II and Article III (c) of the Genocide Convention to which it is bound. The report also concludes that there exists undoubtedly a very serious risk of genocide, triggering States’ duty to prevent under Article I of the Genocide Convention.’

3 See for instance Dean, The Moral Witness Book Subtitle. See also Butler, Frames of War.

4 See for instance, Fernández-Santamaria, “Juan Ginés de Sepúlveda on the Nature of the American Indians,” 434–451; See also Pagen, The Fall of Natural Man -The American Indian and the Origins of Comparative Ethnography, chap. 5.

5 Hanke, All Mankind is One.

6 Reader’s note: There is some scholarly debate about this point. See Fernández-Santamaria, “Sepúlveda on the Nature of the American Indians”.

7 de Sepúlveda, Apology for the Book on the Just Causes of War: Dedicated to the Most Learned and Distinguished President, Antonio Ramirez, Bishop of Segovia, 29.

8 Boisen, “Anti-Democracy and Democracy,” 217–238.

9 de Sepúlveda, Democrates Segundo o de las Justas causas de la guerra contra los indios, 89.

10 Ibid., 87–89.

11 Boucher, “Invoking a World of Ideas,” 6–24; Brunstetter and Zartner, “Just War Against Barbarians Revisiting the Valladolid Debates between Sepúlveda and Las Casas,” 733–752; Boisen, “The Changing Moral Justification of Empire,” 333–353.

12 Reader’s note: Vitoria thinks that Seashores and natural harbours are absolutely necessary for humans’ survival; these have therefore, under God, been exempted from the original division of property. Vitoria, Political Writings, 280.

13 See also Thompson, “Ideal and Nonideal Theory in Political Philosophy”.

14 Mills, ““Ideal Theory” as Ideology,” 165–184, p. 166. See this article for a discussion about ideal nonideal moral philosophy. Mills ultimately claims ‘that a nonideal approach is also superior to an ideal approach in being better able to realize the ideals, by virtue of realistically recognizing the obstacles to their acceptance and implementation’ (p. 181).

15 Ibid., p. 168.

16 Ibid., p. 170.

17 See Boisen, “The Moral Justification of Empire”, See also Allsobrook, and Boisen, “Two Types of Trusteeship in South Africa,” 265–285.

18 Bain, Between Anarchy and Society, 17.

19 Boisen, “The Moral Justification of Empire”.

20 See Allsobrook and Boisen, “Two Types of Trusteeship in South Africa”.

21 Janis, International Law, 70.

23 I owe a debt of gratitude to Peter Sutch for some of these points of discussion laid out in this paragraph.

24 See for instance Las Casas’ discussion of human sacrifice, chapters 33–37 in Las Casas, In Defense of the Indians. Las Casas quotes St Augustine ‘profitable correction by many is impossible except when the person corrected does not have a large number of allies. When the same disorder seizes many people, the good have no recourse but sorrow and sighs (p. 215).

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