M.4. The perpetrator intended that his action would commence the execution of the crime

M.4.1. The perpetrator meant to engage in the conduct;

M.4.2. The perpetrator meant to cause the consequence of crime; OR

M.4.3. The perpetrator was aware that the consequence will occur in the ordinary course of events.

M.4.4. The perpetrator was aware of the circumstance of the crime.

M.4. The perpetrator intended that his action would commence the execution of the crime

Prosecutor v. Radovan Karadžić, Case No. IT-95-5/18-T, Public Redacted Version of Judgement Issued on 24 March 2016 – Volume I of IV (TC), 24 March 2016, para. 571:

"571. To be found criminally responsible for planning under the Statute, the accused––either acting alone or with another––must have designed criminal conduct that is later carried out and which constitutes one or more crimes enumerated in the Statute. The planning must have been a factor substantially contributing to the criminal conduct, but the Prosecution need not establish that the crime would not have been committed but for the accused’s plan. The accused must intend to plan the commission of a crime or, at a minimum, must be aware of the substantial likelihood that a crime will be committed in the execution of the acts or omissions planned."

M.4.1. The perpetrator meant to engage in the conduct;

M.4.2. The perpetrator meant to cause the consequence of crime; OR

M.4.3. The perpetrator was aware that the consequence will occur in the ordinary course of events.

M.4.3.1. ICC

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."[1]

M.4.3.2. ICTY

M.4.3.3. ICTR

M.4.4. The perpetrator was aware of the circumstance of the crime.