• Saleh@feddit.org
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    10 days ago

    A soldier hiding in a bush is a combatant. The grenade in his hand is a weapon. It is easily discernible as such both by other soldiers and by civilians. And both soldiers and civilians will expect a grenade to explode when it is thrown at them, or at least they understand the risk of a grenade potentially exploding, if it is laying around. So they expect it to be explosive.

    Lets go through the definition word for word again:

    “Booby-trap” means any device or material which is designed, constructed, or adapted to kill or injure, and which functions unexpectedly when a person disturbs or approaches an apparently harmless object or performs an apparently safe act.

    any device

    A soldier is not a device, a grenade is, a scooter is

    or material

    A soldier is not a material, a grenade is not a material, but made from some, same for a scooter

    which is designed, constructed, or adapted

    A soldier is not designed, a grenade is and this specific scooter was

    to kill or injure

    all three kill or injure

    and which functions

    all three function

    unexpectedly

    A soldier is expected to be a danger, so is a grenade, a scooter is not

    when

    https://dictionary.cambridge.org/dictionary/english/when
    at what time; at the time at which:

    a person

    the guy assassinated is a person. It does not say civilian or combatant. Any human being counts

    disturbs or approaches

    he moved into the explosion range, so he approached

    an apparently harmless object

    a soldier is not a harmless object. a grenade is not a harmless object. A scooter normally and by the expectation of normal circumstances is a harmless object

    or performs an apparently safe act

    this means an interaction with the device itself that should be safe. E.g. if you set fire to a gas bottle as a civilian you cannot expect it not to explode

    Nowhere does it say that the device or material needs to have any sort of automation. Nowhere does it say, that a remote trigger is excepted. Nowhere does it say, that it must be targeting combatants or civilians, both go equally.