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HOW TO PROSECUTE TOBACCO SELLERS
FOR THE TOBACCO HOLOCAUST
|1. The Tobacco Holocaust|
|2. Laws on Prosecuting Officials for Not Prosecuting|
|3. The International Criminal Court's Jurisdiction|
|4. Deaths Caused By Smoking|
| 5. Transnational Tobacco Companies
|| 6. Deceit and Duplicity of the Tobacco Industry|| 7. The Death Toll from Tobacco as a Crime Against Humanity|| 8. No Escaping Liability|| 9. Michigan Precedents||10. References
1. The Tobacco Holocaust
|How Doctors Know Cigarette Effects|
|"Over 37 million people (one of every six Americans alive today) will die from cigarette smoking years before they otherwise would."|
(a) by adopting unlawful laws, i.e., laws not conforming to extant higher law, and (b) by non-enforcement of already existing laws, e.g., those against poisoning and murder.
|TCPG's Analysis of That Case|
|(a) The crime of genocide;
(b) Crimes against humanity;
(c) War crimes;
(d) The crime of aggression.
(d) Deportation or forcible transfer of population;
(e) Imprisonment or other severe deprivation of physical liberty
(g) Rape, sexual slavery, enforced prostitution, forced
(h) Persecution against any identifiable group or
(i) Enforced disappearance of persons;
(j) The crime of apartheid;
(k) Other inhumane acts of a similar character
At minimum, definitions (a), (b), (c), (f) and (k) apply as tobacco causes suffering, abulia (mental enslavement due to "addiction"), and unlawful death. The typical protracted death process is often torturous and produces a vast amount of "great suffering" and "serious injury to body or to mental or physical health" including desperate self-medication efforts at relief via alcoholism, bodily injury and suffering of such extreme as even leading to mass numbers of suicides, the killing of nonsmokers via lung cancer and heart disease, the killing of children via SIDS, a significant amount of Alzheimer's disease, much of the AIDS epidemic, and significant numbers of abortions. For a current list, see our homepage.
"Tobacco caused about 0.6 million Chinese deaths in 1990 (0.5 million men). This will rise to 0.8 million in 2000 (0.4 million at ages 35-69) or to more if the tobacco attributed fractions increase. . . . At current age specific death rates in smokers and non-smokers one in four smokers would be killed by tobacco, but as the epidemic grows this proportion will roughly double. If current smoking uptake rates persist in China (where about two thirds of men but few women become smokers) tobacco will kill about 100 million of the 0.3 billion males now aged 0-29, with half these deaths in middle age and half in old age." See Bo-Qi Liu, Richard Peto, Zheng-Ming Chen, Jillian Boreham, Ya-Ping Wu, Jun-Yao Li, T Colin Campbell, Jun-Shi Chen, "Emerging tobacco hazards in China: 1. Retrospective proportional mortality study of one million deaths," 317 Brit Med J 1411-1422 ( 21 Nov 1998).
|Tobacco pushers were targeting China, including|
children, for tobacco sales as long ago as 1914.
6. Deceit and Duplicity of the Tobacco Industry
7. The Death Toll from Tobacco
as a Crime Against Humanity
|Example: "China marked World Anti-Narcotics Day . . . by executing 58 drug traffickers."--"Traffickers killed to mark no-drug day," Detroit Free Press, p 5A (29 June 1999).
The next step is to recognize that tobacco pushers are drug pushers too, and pertinent precedents on murder, then begin their trials, convictions, executions. Any nation having its people killed by tobacco pushers can begin the process.
Ignorantia eorum quæ quis scire tenetur non excusat; ignorance of those things which one is bound to know excuses not. Ignorantia juris quod quisque tenetur scire, neminem excusat; ignorance of the [or a] law, which every one is bound to know, excuses no man. Ignorantia legis neminem excusat; ignorance of law excuses no one. Ignorantia juris non excusat; ignorance of the law excuses not. Reason: Ignorare legis est lata culpa; to be ignorant of the law is gross neglect—five Latin sayings to the same effect, it is such a well established concept.
|Media Censorship of Cigarette Effects|
The Criminal Organization Concept
Applied to Tobacco Companies
DoJ Press Release
Law Writer Analysis
Health Group Analysis
8. No Escaping Liability
|It is essential to understand that what is at issue is an "ultrahazardous activity" as that term is defined in professional material. See an analysis of the concept by the U.S. Supreme Court in the case of Laird v Nelms, 406 US 797; 92 S Ct 1899; 32 L Ed 2d 499 (1972). There, sonic booms and dynamite blasting are discussed in context of "ultrahazardous activity." Each produces a spreading effect.
Cigarettes do that via fires and via their toxic chemicals, superheated, moving at high speed. In contrast to sonic booms and dynamite blasting, cigarettes kill 37,000,000 in the U.S. alone, and constitute a "holocaust." This is the most ultrahazardous activity on earth.
The point, in law, is that in dealing with "ultrahazardous activity," there is "strict liability" for all consequent damages, even if negligence is not proven.
Martha Minow, Between Vengeance and Forgiveness: Facing History after Genocide and Mass Violence (Boston: Beacon Press, 1998) Nancy Amoury Combs, Guilty Pleas in International Criminal Law: Constructing a Restorative Justice Approach (Stanford: Stanford Univ Press, 2007) (Review).
9. Michigan Precedents
|Anti-Cigarette Smuggling Finding||Law Support Letter # 2||Governor's Overview|
|"The proof of the pattern or practice [of willingness to commit acts such as the above] supports an inference that any particular decision, during the period in which the policy was in force, was made in pursuit of that policy." Teamsters v U.S., 431 US 324, 362; 97 S Ct 1843, 1868; 52 L Ed 2d 396, 431 (1977).
Violations of criminal law can indeed result in damage to private citizens. Ware-Kramer Tobacco Co v American Tobacco Co, 180 F 160 (ED NC, 1910).
Litigants can show as part of the evidence in his/her own case, the guilt of others linked to the current defendant, in showing a pattern. Locker v American Tobacco Co, 194 F 232 (1912).
|Crime Prevention||Government Confession||Government Crime|
|Medical Statistics||Michigan Law||Prosecuting Non-Enforcers|
|Tobacco Murder||Toxic Chemicals||U.S. Supreme Court Tobacco Cases|
|Federal Circuit Court Tobacco Cases||Dangerous Tobacco Cases||Tobacco Company Behavior Cases|
See also the Journal of Genocide Research.
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Copyright © 1999 TCPG