Table of contents:
Element:
M.2. The crime did not occur because of circumstances independent of the perpetrators intention.
M.2.1. ICC
In the Katanga et al. decision on the confirmation of charges the ICC held that:
"The majority of the Chamber endorses the doctrine that establishes that the attempt to commit a crime is a crime in which the objective elements are incomplete, while the subjective elements are complete."[1]
In the Banda and Jerbo case the ICC held that:
"It is therefore of critical importance, in considering whether a crime can be characterised as attempted (or inchoate) to determine whether the perpetrator's conduct was adequate to bring about as a consequence the crime in question. Such adequacy requires that, in the ordinary course of events, the perpetrator's conduct will have resulted in the crime being completed, had circumstances outside the perpetrator's control not intervened."[2]
M.1.2. ICTY
M.1.3. ICTR
Footnotes:
[1] ICC, Katanga et al., Confirmation decision 30 September 2008, para. 460.
[2] ICC, Banda and Jerbo Confirmation decision 7 March 2011, para. 96.
