The following article by John Nance of abc news highlights the errors or criminalizing situations that are not the result of pilot negligence with reference to a midair collision over South America.

Dec. 7, 2006— On the clear, late afternoon of Sept. 29 , two sophisticated jets approached each other along an airway known as UZ6. Their combined speed was in excess of a 1,000 miles per hour. Both were at 37,000 feet over the Amazon jungle, and neither set of pilots were aware of the other.
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I recently heard a report from ATC that there are pilots around that intentionally, or unknowingly descend below MSA in IMC conditions without concern to what damages they are about to cause. This leads me to two questions - is it ignorance, or suicide?

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