On the contrary, it is hard, cold logic. If it cannot be "unavoidable" if the vehicle was mechanically capable of coming to a full stop before contact with a stationary object.
This isn't just semantics, and it most certainly does NOT make the feature useless. Scrubbing speed from 60mph to <edit>35mph, for example, represents a 100% * (60^2 -35^2)/60^2 = 66% reduction in the energy of the crash. That's often in the range of lifesaving.
Why do this, why would you design the system to wait until it is "unavoidable" to kick in? Because you are keeping clear of the false positive zone, AKA "phantom braking". You're doing important, useful work without potentially creating by-product harm via braking when it isn't necessary.
When one sorry excuse is allowed to cover for the next, we get excuses all the way down.
The solution is to fix the "phantom braking" BS, which entails first fixing the radar BS, then there will be no need for this AEB BS either.
Hopefully HW3 will soon help mitigate this situation.