(a) in many places, AIP is not law but rather an interpretation by the regulator couched in terms of operational expectation ?
(b) probably it would be sensible not to crash prior to the point at which the particular aircraft had the benefit of ICAO (or local, if more restrictive) approach gradient obstacle clear requirements met ?
At day's end, the pilot has the immediate capability of doing whatever he chooses whether his peers view such as being either sensible or not.
However, it is the judge who determines the penalty, if any, following the enquiry consequent to the accident ...