Substantive technicalities : understanding the legal framework of humanitarian assistance in armed conflicts through the prescription of technical arrangements
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Military law review, Vol. 227, 2019, issue 3, p. 275-319
Major Tzvi Mintz
This article focuses on the prescription of technical arrangements for humanitarian assistance in the law of armed conflict (LOAC). It argues that there exists a series of legitimate reasons for prescribing such arrangements, notably preventing interference with military operations and protecting the consignments, the beneficiaries or other concerned. Part II of the article reviews the key elements of the norms regulating humanitarian assistance in LOAC, attempting to both frame the issue of technical arrangement and point out gaps in the current legal understanding of the issue of as whole. Part III provides a detailed examination of considerations that can be lawfully addressed by prescribing technical arrangements. Part IV analyzes the balancing act required to examine the influence of the technical arrangements on the humanitarian assistance. Finally, part V demonstrates the theoretical and practical benefits of examining the entirety of the issue of humanitarian assistance in armed conflict through the prescription of technical arrangements.