23 of nations —to preserve compacts, freedom and common good— and the secondary law of nations —facing "the evil of men”, wars and captivity.87 The role of each agent of public authority, —he added,— should be to enable all rational creatures to “attain their purpose" (especially, the spiritual one) as a human being.88 When expressing his indignation at the depopulations, slaughters, bondages, and other cruelties perpetrated against indigenous people, B. de Las Casas —like F. de Vitoria,— expressly invoked right reason and natural law.89 65. The penetrating discourses of F. Vitoria and B. de las Casas in the 16th century continue to echo in the human conscience and are, sadly, topical issues today.90. With the passing centuries, the victimizers changed, but the victims are still the same, the indigenous peoples in a situation of high vulnerability, as it is illustrated by the instant case of the Sawhoyamaxa Community in this early 21st century. Yet, human conscience has evolved to the point that in this time and day it makes a difference: there exists an international human rights jurisdiction, the last hope for those excluded and forgotten within national jurisdictions. 66. In the instant case of the Sawhoyamaxa Community, once again, universal legal conscience awakens, — as the ultimate material source of all Law, as I have kept insisting in my many Opinions in this Court91, — making it possible once again, after the cases of the "Street Children" (1999-2001) and that of the Indigenous Community Yakye Axa (2005), for the forgotten and the abandoned people of the world, surviving in the direst of circumstances, in the midst of the total want their fellow-men have thrust upon them, to resort to international jurisdiction in quest for having justice done. 2. The Great Lesson to be learned from the instant case of the Sawhoyamaxa Indigenous Community. 67. To my mind, in the instant case of the Sawhoyamaxa Community, as well as in its sister case of the Indigenous Community Yakye Axa, international responsibility of the State for the creation, and perpetuation in time, of a situation of infra-human living conditions leading to the death of several members of both such Indigenous Communities was proven beyond doubt. Running contrary to the findings of the majority of the Court in the case of the Indigenous Community Yakye Axa, no 87. 88. Ibid., Volume II, page 1255. Cf.Ibid., Volume II, page 1263. 89. Cf. B. de las Casas, Brevísima Relación de la Destrucción de las Indias (Short Account of the Destruction of the Indies) [1552], Barcelona, Ediciones 29, 1997 [reed.], pages 7-94, esp. pages 9 and 41. 90. On the absurdity and “essential evil” of relations of dominance and oppression, cf. for example, Simone Weil, Reflexiones sobre las Causas de la Libertad y de la Opresión Social Barcelona, Publ. Paidós/Universidad Autónoma de Barcelona, 1995, pages 81-84 and 130-131. 91 . Cf. My Concurring Opinion in pioneering Advisory Opinion No. 16, on The Right to Information on Consular Assistance. in the Framework of the Guarantees of the due Process of Law (1999), paras. 3-4, 12 and 14; Concurring Opinion on the Provisional Protection Measures in the Case of Haitians and Dominicans of Haitian-origin in the Dominican Republic (2000), para. 12; Separate Opinion in the Case of BámacaVelásquez v. Guatemala (merits, 2000), paras. 28 and 16; Concurring Opinion in Advisory Opinion No. 18 on the Condition and Rights of the Undocumented Migrants (2003), paras. 23-25 and 28-30, esp. par. 29; among others.

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