Invisible Injuries in a Visible War: Traumatic Brain Injury in the Kurdistan Region of Iraq under International Humanitarian Law

Abstract

This paper examines the humanitarian and legal implications of blast-induced traumatic brain injuries (TBIs) in contemporary armed conflicts, with a particular focus on the Kurdistan Region of Iraq (KRI). While international humanitarian law (IHL) emphasizes the principles of distinction, proportionality, and precaution to protect civilians, traditional legal interpretations have largely focused on visible and immediate physical trauma. Modern scientific research, however, demonstrates that the concussive effects of explosions can cause delayed, invisible neurological and psychological harm, presenting complex challenges for both legal assessments and military operational planning. This study explores how these concussive effects, specifically blast-induced TBIs, can be integrated into the core IHL principles of distinction, proportionality, and precaution, and considers how operational measures might be adapted to mitigate such harms. Furthermore, it investigates whether the use of explosive weapons in the KRI results solely in visible physical injuries, or if it also inflicts "invisible injuries," such as blast-induced traumatic brain injury, upon the civilian population.