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50 San Diego L. Rev. 813 (2013)
Natural Law as a Part of International Law: The Case of the Armenian Genocide

handle is hein.journals/sanlr50 and id is 879 raw text is: Natural Law as Part of International Law: The Case of the Armenian Genocide FERNANDO R. TESON* TABLE OF CONTENTS I. A CASE STUDY: RESPONSIBILITY FOR THE ARMENIAN GENOCIDE....................... 815 II. THE RULES OF INTERNATIONAL STATE RESPONSIBILITY .... .................. 818 III. THE POSITIVIST ANSWER: THE PROBLEM OF RETROACTIVITY............................. 819 IV. NATURAL LAW AS PART OF INTERNATIONAL LAW ........................... 824 A. Mass Murder and the Concept of the State......... . ..................... 824 B. The Impartial Observer Test ......... . ........ ............................... 829 C. The Objection from Arbitrariness ...................... ..... 830 V. CONCLUSION ............................................................ 832 In this Article I argue that some norms are part of international law even if they have never been created by treaty or custom. Because such norms have never been posited, they are natural law norms, and my thesis is that these natural law norms are as much part of international law as the posited norms.1 By this I mean that these norms should figure in any catalog of what international law prescribes or permits. Despite a venerable lineage that goes back to Aquinas, Grotius, Vitoria, Puffendorf, and more modernly, the nineteenth-century Scottish scholar James Lorimer, the twentieth-century Austrian publicist Alfred Verdross, * 0 2013 Fernando R. Tes6n. Tobias Simon Eminent Scholar, Florida State University College of Law. 1. I use the word norms to avoid prejudging whether the subjects at issue are rules or principles in Ronald Dworkin's sense. 813

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