The murder of Tuvix, revisited

I would like to start by thanking my opponent for the debate. Hope it is fun. By defining murder as "the killing of a [sapient] being by a sane person, with intent, malice aforethought (prior intention to kill the particular victim or anyone who gets in the way)" my opponent seems to be giving a legal definition. Captain Janeway's actions do not meet the "malice" part of the definition. Malice - a conscious, intentional wrongdoing. [1*] There was no conscious or intentional wrongdoing by Captain Janeway. I will start my contention with #3 "Tuvok and Neelix had experienced death, their physiological activity having stopped in a way that is irrevocable, including complete destruction of their organs and synapses. They are therefore neither living nor sapient." Tuvix was a result of Tuvok, Neelix and the specie of orchid they were picking forming a symbiotic relationship. Tuvix was a result of this symbiotic relationship. [3] At this point I would like to define symbiosis. Symbiosis literally means "living together." It "is the term used to describe ecological relationships between organisms of different species that are in direct contact." [2] By the very definition of symbiosis both Neelix and Tuvok would both be alive. The crew of the Voyager used the transporter to create several symbiotic plants.The crew attempted to separate the symbiotic plants several times and failed. They killed the created plant each time. And therefore killed the original plants as well. The Doctor was able to radioactively mark one half of the genome. The crew would then use the transporter. With one genome marked, they were able to extract both individual species. Both were alive. The same happened for Tuvok and Neelix. So neither could have been dead. Both Tuvok and Neelix were still alive. The crew did not extract the corpses of Tuvok and Neelix. Clearly they were not in an irrevocable state. Neither was this a "new instance" of Tuvok and Neelix. Both had been alive in a symbiotic relationship with the orchid. Captain Janeway had to make tough decisions on more than one occasion. Sometimes a Captain has to make a decision that sacrificies one life for multiple lives. In the words of Spock, "The needs of the many outweigh the needs of the few." [4] Captain Janeway is responsible for her crew. As my opponent has stated, "[Sapient] rights similar to ours include right to life, freedom from bodily harm and the right to self-determination. These are fundamental, cross-cultural rights shared by all modern Earth cultures." As I have already shown both Tuvok and Neelix are alive. Both Tuvok and Neelix have the above stated rights. My opponent stated that after being separated both Neelix and Tuvok were "happy to be back." This indicates that they did not wish to stay in the state of symbiosis with Tuvix. However, both Tuvok and Neelix are unable to speak for themselves. They are being held hostage by Tuvix and his desire to live. Captain Janeway is taxed with making a tough decision. She had to decide what was in the best interest of her crew members (Tuvok and Neelix). I would like to point out that my opponent seems focused on the idea that the rights of Tuvix were violated. But what about the rights of Tuvok and Neelix? Both Tuvok and Neelix have the same rights as Tuvix. Also, they have the right to end their symbiotic relationship with Tuvix. Captain Janeway has a responsibility to both Tuvok and Neelix. She must ensure their rights are being considered. My opponent mentioned the following: "Tuvix' sapient rights were violated by Captain Janeway and the crew in the most serious way possible, in order to bring out a more desirable outcome. I predict an opposing view that such rights could be suspended by membership in a military force such as Starfleet. That would be incorrect. This was not a situation of war or military action." Starfleet Captains have immense authority over the ships they are assigned. In fact, a Captain of a ship can "order their subordinates to override the orders of a senior officer, even if the captain was not actually on board ship at the time." [5] This is completely understandable. Starfleet Captains must have a high degree authority to do their job. They are isolated (especially Captain Janeway) away from Earth. They make very important decisions. Decisions that could lead to trade with a planet. Or war. The Captain even has the responsibility of killing crew members at times. Captain Kirk said, "A starship captain's most solemn oath is that he will give his life, even his entire crew, rather than violate the Prime Directive." [6] I wonder if any of those crew members might have the will to live? Starfleet Charter Articles Article 14, Section 31 has language that "permits the use of "extraordinary measures" in times of dire emergency." [5] I would say that some might consider being stranded 75 years from Earth as a "dire emergancy. But the real point is that no I do not believe that that the Federation was at war with anyone at the time. And they sure were not at war in the Delta Quadrant. However, the entire mission is a military action. And as pointed out in some of the regulations...the Captain has a ton of authority. But this makes sense. A Captain never knows when he or she may have to take action. That action may be to open fire on another ship. While not at war, each mission is a military action. Now my opponent has mentioned multiple times the length of time between when Tuvix was created and when Tuvok and Neelix were restored. Captain Janeway mentions that had a solution been found immediatley she would not have hesitated performing the procedure. Chakotay agrees. I would like to ask my opponent if they agree with both Captain Janeway and Chakotay (as it seems that way)? [1] http://dictionary.law.com... [2] Campbell, Neil A. "Biology" 3rd edition page 528 [3] Star Trek Voyager "Tuvix" [4] Wrath of Khan [5] http://en.memory-alpha.org... [6] http://en.memory-alpha.org...