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It's neither of those things. Words have meanings, and legal terms have very specific meanings.
Hey look a rational person.
Get a stick and kill it!
Spoken like a true ttrpg player.
'You didn't technically use the attack action.
Legally though, does he still qualify as a piece of shit? Cause he is a piece of shit.
Guilty as charged
It is neither of those things, but he may be subject to an act of retorsion, which isn't bound by the rule of "proportionate response," from both the government of the US, and the government of Ukraine. I don't expect that to happen, but that's what would happen to any of us doing something like that.
Musk is treasonous war criminal.