WRT the Garuda accident, it seems to me that when a pilot allegedly ignores multiple hard GPWS call outs and F/O's urging a go around, all the while being nowhere near stable on the approach nor correctly configured, his behaviour is negligent and hence blameworthy and culpable. All humans make mistakes - that is a given - but negligence cannot be tolerated in any public transport system.
If this pilot can be proven to have behaved as alleged, IMHO he is ripe for criminal prosecution.