text: that definition, attempt meant “any commencement of execution of a crime that failed or was halted only because of circumstances independent of the perpetrator I a intention”. 73, In particular, some members pointed out that the concept of attempt comprised the following elements; (a) the intent to commit the crime in question) (b) an overt act towards its commission; (c) failure to commit the crime) and (d) the apparent possibility of committing it. In that context, it was noted that mere preparatory acts not folkwed by execution should not be treated as crimes. 74. Other members of the Commission expressed reservations about the inclusion of draft article 17 in the draft Code. In addition to the problems - 29 -raised by the definition of @0attempt88, and the doubts to which the applicablity of that notion to crimes against peaoe gave rise, the draft articls was unneoessaryr for if a criminal undertaking was halted before it was carried out there was certainly no need to call upon an international criminal court. In the view of these members, attempt should be punishable only if it was expressly aovered by the provieions defining a partiaular orhe or nategory of crimes, In some cases it would be necessary to specify, in regard to one or other of the arimes, that attempt was eubjeat to a less severe criminal sanction than the completed crime. 75. Lastly, some membeis thought it would be difficult to review all the crimes covered by the Code in order to determine whether the concept of attempt aould be applied to them. But it would also be unwise to specify as a general rule that attempt would be punishable in respeot of all orimes against the peaoe and seaurity of mankind. In the view of these members, if the
analysis: The text appears to be discussing a legal concept, specifically the definition of an attempt and its relationship to international criminal law. The language used is formal and technical, suggesting a context related to law and international relations.