Tom, Dick and Harry were fishermen from a remote island in the Pacific. They had been at

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Question:

Tom, Dick and Harry were fishermen from a remote island in the Pacific. They had been at sea on a fishing expedition for several days. One night, they fell asleep with the boat's motor still running. They awoke the next morning to find that they had run out of fuel. They drifted for weeks without encountering land. Occasionally they saw ships in the distance but none of the ships responded to their signals. The small quantity of food and water that they had with them was soon consumed. Thereafter, they subsisted on rain water which they collected in a bucket and a few fish which they managed to catch. They grew gradually weaker and increasingly frightened about their chances of survival. After six weeks, they were desperately hungry and thirsty. To alleviate the thirst, they tried drinking sea water. However, this made them periodically delirious.

After two months, with still no sign of rescue, they decided to resort to drastic measures. They agreed to draw lots, with the loser to allow himself to be killed by the others so that they could drink the blood, eat the body and increase their chances of living. Lots were drawn and Tom was the loser.

Dick had a knife but began to develop doubts about killing Tom. He said, 'I think this is wrong.' Harry responded: 'Give it to me for I'll chuck you overboard; you can die if you want to but I want to live.' Harry was much bigger and stronger than Dick. Dick briefly continued to protest against killing Tom but Harry forcefully repeated his threat and eventually Dick gave him the knife. Tom made no resistance while Harry held a cloth over his eyes and cut his throat.

Amazingly, just a few hours later, a ship arrived on the scene and Dick and Harry were rescued. Tom's partly consumed body was still in the boat. When Dick and Harry were questioned about the death, they admitted what they had done.

Applying the current law of your jurisdiction, what arguments can be made for and against the liability for murder (intentional homicide in Vanuatu) of (a) Harry and (b) Dick.