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The Legal Challenges of IEDs: An International Humanitarian Law Perspective

Written By: Peter Trobec

Supervised By: Giustiniano Cesare Vasey

Edited By: Jackson Elder

ABSTRACT

This paper explores how improvised explosive devices are analysed under IHL, focusing on the law governing weapons. This paper will describe what IEDs are and how they are employed, using Afghanistan from 2001 to 2021 as a case study. Against this background, this paper will apply the relevant legal framework and identify the difficulties it raises. Based on this research, applying IHL to IEDs poses significant challenges due to their improvised nature. The analysis often requires them to be assessed against other weapons categories and determinations under targeting law, thereby shifting the focus from the specific device to other weapons categories and to case-by-case targeting assessments. IEDs are and will remain a significant humanitarian issue; however, IHL does not seem to fully address the complexities posed by IEDs.

 

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