Genocide and Impossible Attempts: Transcending Acoustic Separation

This chapter explores the trajectory of genocideGenocide (iter criminisIter criminis) within international legal scholarship. The previous chapters presented doctrinal and practical arguments against a purely subjective perpetrator-based interpretation of genocideGenocide, particularly concerning the definition of protected groupsProtected groups. While it is undeniable that the perpetrator plays a crucial role in shaping the criminal trajectoryTrajectory (criminal), an exclusive focus on the perpetrator’s perspective can lead to unreasonable or even absurd legal outcomes. By analysing a classic example from the law of attemptsAttempt (inverted mistake of factInverted mistake of fact, impossible attemptsImpossible attempts), this chapter demonstrates the limitations of a perpetrator-centred approach in applying genocideGenocide law. An alternative exegesis is then proposed, which incorporates not only the subjective dimension of perpetration but also considers the trans-subjective nature of the protected legal valuesValue, offering a more balanced and comprehensive framework for understanding the crime of genocideGenocide.