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Preparatory Acts, Attempt and Completion of the Crime

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Chapter Summary

The expression &t;preparatory acts&t; refers to a set of activities that give rise to criminal liability although they take place before the commencement of the execution of the objective elements of the crime. Unlike national systems where criminal liability arises from undertaking certain preparatory acts regardless of whether the crimes are finally committed (in some national systems there is a general clause criminalizing certain preparatory acts of any crime, whereas in others only certain preparatory acts of specific crimes are criminalized), according to the RS no criminal responsibility arises from the preparatory acts of any war crime, including unlawful attacks. Some commentators also distinguish between the formal completion of the crime - which takes place once all objective elements of an unlawful attack have occurred - and the material completion of the crime - which requires the perpetrator to achieve what he intended to obtain by launching the unlawful attack.

Keywords: criminal liability; preparatory acts; unlawful attacks; war crime

10.1163/ej.9789004162006.i-292.30
/content/books/10.1163/ej.9789004162006.i-292.30
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