Why was Wouter Basson never charged with crimes against humanity for Project Coast? Project Coast was a biological weapons program that the South African government developed in the 1970's and 1980's. The leading scientist and administrator of Project Coast was a cardiologist called Wouter Basson This was a massive, ambitious weapons program that created both lethal and non-lethal weapons for strategic purposes, such as making black people sterile, and for tactical purposes such as assassinating political opponents. Throughout Project Coast Wouter Basson was, allegedly, responsible for numerous murders by supplying biological weapons; in Operation Duel [1982] Basson allegedly supplied lethal pills that killed 200 members of The South West Africa People's Organization. Why wasn't Wouter Basson charged with crimes against humanity? From my research he is still free, is alive, and has never been found guilty of anything. The United Nations or The Hague have never attempted to charge Basson with crimes against humanity. Why?
I think you are misunderstanding the nature of international criminal courts or tribunals. They were established mostly when the international community believes that the national court systems in a conflict region have become unable or unwilling to provide justice. This perceived breakdown is not usually tied to any one case, it depends on a pattern of denied justice. More recent attempts to establish a genuine international jurisdiction like the ICCt suffer from limited participation. International observers concluded that post-Apartheid South Africa has done a halfway decent job at covering Apartheid-era crimes, considering the difficult circumstances at the time. The Truth and Reconciliation Commission was part of the solution. So there is no need to overrule the South African decision if they want to prosecute the case (or not, as it may be).
Background of the question You are talking of David Hahn, aka the &quot;Radioactive Scout&quot;. In 1995 he was 17 when he impersonated a licensed person to acquire radioactive material. But he never got enough material to build a reactor: he built a neutron source from a block of lead, into which he had stuffed lots of somewhat purified radioactive material. He also conducted radioactive experiments without a licensed lab - which is decidedly illegal. Now, he realized that his neutron source was starting to generate dangerous radiation and dismantled his setup - which was what got FBI and consorts to the table. They cleaned up what they found - while his mother already had disposed of most of the experiments via the normal garbage - also decidedly illegal. Since he was 17 and his mother did commit suicide during the year after the events and before her disposing of waste was discovered, neither was prosecuted at that point. Someone alleged in 2007, he was again amessing radioactive material, the FBI investigated but found the tip not enough to warrant more investigation after standing in front of the door with a radioactivity detector and talking to him on the phone, as a report shows: &quot;No immediate threat existed with regards to allegations that Hahn possessed a nuclear reactor within his residence.&quot; Later in 2007 he was found guilty of stealing smoke detectors, which some people alleged he planned to extract Americium from. This claim was never at trial, so is to be taken with a grain of salt. The charge was Larceny. Not attempt of obtaining NCBR-Material illegally. Answer To work with materials of radioactive means, you need to be compliant with NCR rules and acquire the needed license. There are companies that have the license to dismantle and extract the radioactive material from smoke detectors - and USPS provides a list of companies that take them and are allowed to - because they make them in the first place and may handle it because of that license. There is no exception for ownership/handling of small amounts of Americium in 10 CFR 30.70 Schedule A, but the smoke detector itself, as a fully contained unit is under 10 CFR 30.15 (a)(7): (a) Except for persons who apply byproduct material to, or persons who incorporate byproduct material into, the following products, or persons who initially transfer for sale or distribution the following products containing byproduct material, any person is exempt from the requirements for a license set forth in section 81 of the Act and from the regulations in parts 20 and 30 through 36 and 39 of this chapter to the extent that such person receives, possesses, uses, transfers, owns, or acquires the following products: (7) Ionization chamber smoke detectors containing not more than 1 microcurie (μCi) of americium-241 per detector in the form of a foil and designed to protect life and property from fires. (b) Any person who desires to apply byproduct material to, or to incorporate byproduct material into, the products exempted in paragraph (a) of this section, or who desires to initially transfer for sale or distribution such products containing byproduct material, should apply for a specific license pursuant to § 32.14 of this chapter, which license states that the product may be distributed by the licensee to persons exempt from the regulations pursuant to paragraph (a) of this section. However, NCR also found that it would need 10-million used smoke detectors in normal trash to become a problem - but that assumes them to be full units, not someone ripping them apart.
At least 56 years Anthony Sawoniuk was convicted in 1999 of 2 murders committed while he was a member of the SS. I cannot find the exact date of the offenses but they were before he deserted in November 1944. There may be longer ones but on seeing your question, Nazi war crimes popped into my head as something easy to check. If the actual answer is some obscure crime from the 19th century, I don’t know how you’d find it.
There are none. Damages against B’s clinic? A does not have a contract with B’s clinic. No duties nor rights without a contract. Damages against B? A does not have a contract with B. If there was a contract, we need details about it. Tort, § 823 Ⅰ BGB? No. B was neither negligent nor did he/she deliberately incur damage. Report B as criminal? A and B had consensual sexual intercourse. This consent (necessarily) comprises the risk of transmission. You cannot give “consent to facts” though. Yet here B had no knowledge of his/her contagiousness. He/she definitely did not deliberately infect A. Negligence is out of question, because there is no general expectation to get regularly tested before having sex with anyone.
Some people seem to believe that just because something happens 'in the internet' it is somehow outside normal jurisdictions. Wrong. In may be harder to investigate and prosecute crimes in the internet, but the laws apply all the same. There are some problems when it is unclear 'where in the world' something did happen -- in the jurisdiction of the perpetrator, the victim, or the service provider? But problems of jurisdiction apply e.g. to international fraud cases in the non-web-world as well. In many jurisdictions, the informed and voluntary consent makes some things legal which would otherwise be illegal. For instance, if two boxers get into the ring, it is understood that each of them did consent to be hit by the other. But usually two fighters could not legally agree to a fight to the death, because even if there are laws on assisted suicide, they do not apply to a fight. Insults, libel, and slander are not on the same level as homicide. There are jurisdictions where they are not prosecuted without the request of the victim. But an insult might also violate other laws, e.g. disturbing the peace. So don't bet on such an app unless you know for sure which jurisdictions are involved.
Normally, making a poison is not in and of itself a crime. If a third party took the poison from the person who manufactured it without their knowledge, the manufacturer would generally not have criminal liability, at least in the absence of "gross criminal negligence" such as leaving the poison manufacturing location totally unsecured and letting people know that there was poison there for the taking. In a civil case, someone might sue the poison manufacturer for negligently securing their facility, but again, that would be a real stretch if even ordinary precautions (e.g. standard locks on doors and cabinets) were in place, or if it was an inside job theft. In the same way, a gun store owner is not usually liable criminally or civilly if someone steals a gun from his store and shoots someone with it. The police could certainly charge Person A with capital murder mistakenly believing him to have intended to kill and did kill someone with the poison, which would make the critical factual point establishing that Person B gave it to someone without Person A's knowledge. Person A might still be guilty of attempted murder if he intended to kill someone (not necessarily the person who was killed) with the poison but had not fully carried out the plot when the poison was stolen. Some places probably require a permit of some kind to make poisons, and if Person A didn't have a permit, he could probably also be charged with making poisons without a permit.
I'm not sure what jurisdiction you're referring to, but here are the state involuntary manslaughter laws. Broad brush, the elements tend to be: Someone was killed as a result of act by the defendant. The act either was inherently dangerous to others or done with reckless disregard for human life. The defendant knew or should have known his or her conduct was a threat to the lives of others. However, you're really backwards planning from a jail vs. army decision, so you might actually be after something like felony hit and run, which can most certainly result in incarceration. The elements of felony hit and run generally include leaving the scene of an accident regardless of fault (hit and run typically becomes a felony when someone was injured in the accident). Since the elements vary from jurisdiction to jurisdiction, it makes sense to look them up wherever the accident will take place in the book. If it takes place in the U.S. this is a state-by-state compendium. Then you can tweak the story to satisfy the applicable elements and induce the jail vs. army decision (even if army policy prohibits it, it's still pretty common fiction!).
The Constitution does not define any crimes (except for an explicit limit on what can be considered 'treason.') It places limits on what penalties the government may apply for crimes and how crimes are tried in court, but it does not itself actually create any criminal offenses. Rather, state and federal law do that. Having said that, if a state government creates a crime of murder (which, obviously, they all do,) the Equal Protection Clause of the 14th Amendment does require that that law protect all people within the jurisdiction of that state. That is, a state cannot make a law criminalizing the murder of a white person, but not of a black person, for example. States can't just pick and choose who is protected by their laws. It would not violate the U.S. Constitution if a state completely decriminalized murder, though. It's exceptionally unlikely to happen, but it would not be a violation of the Constitution. Depending on exactly what you mean by 'murder,' it could be argued that murder by the government is unconstitutional, though. The 14th Amendment bans states from depriving anyone of life without due process of law: No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. Similarly, the 5th Amendment provides an equivalent protection from the federal government: No person... shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law