Biomedical Engineering Reference
In-Depth Information
15. Moreno (2006) offers a good history of the basic facts surrounding the administration of
vaccines during Operation Desert Shield.
16. Issued on September 30, 1978, and published in the Federal Register on April 18, 1979
(45 CFR 46.102e), the Report summarizes the ethical principles and guidelines for
research involving human subjects that the federal government imposes through the
Department of Health and Human Services.
17.
John Doe and Mary Doe v. Louis W. Sullivan and Richard Cheney
, Civil Action
No. 91-51, SSH, U.S. District Court for the District of Columbia.
18. DoD's letter is published as part of the supplementary information.
19. U.S. DoD, The Defense Acquisition System, E1.1.15 (2003).
20. See also Customary International Humanitarian Law, Vol. 1, Rules: International
Committee of the Red Cross (ICRC). Cambridge University Press, 2005.
21.
Prosecutor v. Kordic
, Case No. IT-95-14/2-T, Judgment, Paragraph 233, February 26, 2001.
22. See also The Rome Statute, which established the International Criminal Court, Articles
22(1) and 24(1),(2). Article 22(1) declares: “A person shall not be criminally respon-
sible under this Statute unless the conduct in question constitutes, or at the time it takes
places, a crime within the jurisdiction of the Court.” Article 22(2) limits the authority of
the Court to extend the definition of a crime: “The definition of a crime shall be strictly
construed and shall not be extended by analogy. In case of ambiguity, the definition shall
be interpreted in favor of the person being investigated, prosecuted, or convicted.” See
also White (2008) supra, p. 194.
23. In this context, “killed” is interchangeable with “caused death.”
24. This requires a mental element of awareness about the status of the victims.
25. “International armed conflict” includes military occupation.
26.
Actus reus
is not a constituent element of the Rome Statute but criminal law generally
requires its proof.
27. The International Criminal Tribunal for Yugoslavia set forth a three-pronged test for
determining the legal responsibility of commanders: (1) was the defendant a superior?
(2) did the commander know or possess information that would give rise to a suspicion
that subordinates were breaching the laws of war? (3) did the commander take measures
to prevent subordinates from committing crimes? (See “
Prosecutor v. Delali
” 1998, Case
No. IT-96-21-T, Judgment, pp. 64-73, and notably p. 65, (November 16, 1998).
28. United States War Crimes Act of 1996, 18 U.S.C. 2401 (1996).
29. Currently 122 states are parties to the Statute of the Court. A further 31 countries, includ-
ing Russia, have ratified but not signed the Rome Statute, and 41 United Nations Member
States have neither ratified nor signed. The United States signed but has informed the
U.N. Secretary General that it no longer will be a party and will not be legally obligated
by its rules or jurisdiction.
30. The Royal Society notes that industrialists who supplied Zyklon B to German concen-
tration camps were found guilty of war crimes. See Brain Waves Module 3.
31. Justice Blackmun went out of his way to point out that the Court sought a “balance
struck by Rules of Evidence designed not for the exhaustive search for cosmic under-
standing but for the particularized resolution of legal disputes.”
Daubert
at 113 S.Ct.
2799.
32. Other courts have reviewed attempts to use fMRI tests to demonstrate impaired brain
functionality.
Turner v. Epps
, 460 F. App'x 322, 323-24 (5th Cir. 2012);
Hooks v.
Thomas
, No. 2:10CV268-WKW, 2011 WL 4542901, at *2-3 (M.D. Ala. July 1, 2011)
(Report and Recommendation), adopted 2011 WL 4542675 (M.D. Ala. September
30, 2011); see also
State v. Andrews
, 329 S.W.3d 369, 383-84 and no.12 (Mo. 2010)
(reviewing fMRI research on juvenile brain development);
Entm't Software Ass'n v.
Granholm
, 404 F. Supp. 2d 978, 982 (E.D. Mich. 2005) (reviewing fMRI research on
media violence exposure and brain activation).
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