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The goal of International Humanitarian Law (IHL) is purported to be the humanization of wars. Nonetheless, the atrocities committed in wars and the war criminals’ impunity suggest the failure of IHL. Notwithstanding, some voices call for reforming and developing IHL. In contrast, this thesis argues...
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AUC Knowledge Fountain
2025
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| _version_ | 1867613425434099712 |
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| access_status_str | Open Access |
| author | Abdelhamid, Fares Mahmoud Def-Allah |
| author_browse | Abdelhamid, Fares Mahmoud Def-Allah |
| author_facet | Abdelhamid, Fares Mahmoud Def-Allah |
| author_sort | Abdelhamid, Fares Mahmoud Def-Allah |
| collection | Thesis |
| description | The goal of International Humanitarian Law (IHL) is purported to be the humanization of wars. Nonetheless, the atrocities committed in wars and the war criminals’ impunity suggest the failure of IHL. Notwithstanding, some voices call for reforming and developing IHL. In contrast, this thesis argues that IHL should be rejected entirely since the distinction between privileged and unprivileged combatants indicates that IHL is biased against anti-colonizers. It is biased in three senses. Firstly, IHL, particularly the distinction between privileged and unprivileged combatants, is dominated by Western rationality, which can be noticed in the domination of the civilization concept with its two oscillating logics: the logic of biology and the logic of improvement. Secondly, it legitimizes violence in favor of imperial Western states only. Non-Western states cannot make use of the IL violence. Thirdly, IHL is a fantasy. It whitewashes the more brutal branches of IL. It is also non-enforceable against war criminals from imperial Western states. The recent conflict between Palestine and Israel since October 2023 is evidence that IHL is biased in favor of Imperial powers against resistant movements. Thus, these arguments lead to a reasonable conclusion that the world would be better without IHL. |
| format | Thesis |
| id | oai:fount.aucegypt.edu:etds-3601 |
| institution | American University in Cairo (Egypt) |
| last_indexed | 2026-06-10T12:35:56.457Z |
| license_str | Not specified — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from AUC Knowledge Fountain — bepress |
| publishDate | 2025 |
| publishDateRange | 2025 |
| publishDateSort | 2025 |
| publisher | AUC Knowledge Fountain |
| publisherStr | AUC Knowledge Fountain |
| record_format | dspace |
| source_str | AUC Knowledge Fountain — bepress |
| spelling | oai:fount.aucegypt.edu:etds-3601 The Instrumentalization of the Unprivileged Combatants by Western Countries Aimed to Oppress National Liberation Wars Abdelhamid, Fares Mahmoud Def-Allah The goal of International Humanitarian Law (IHL) is purported to be the humanization of wars. Nonetheless, the atrocities committed in wars and the war criminals’ impunity suggest the failure of IHL. Notwithstanding, some voices call for reforming and developing IHL. In contrast, this thesis argues that IHL should be rejected entirely since the distinction between privileged and unprivileged combatants indicates that IHL is biased against anti-colonizers. It is biased in three senses. Firstly, IHL, particularly the distinction between privileged and unprivileged combatants, is dominated by Western rationality, which can be noticed in the domination of the civilization concept with its two oscillating logics: the logic of biology and the logic of improvement. Secondly, it legitimizes violence in favor of imperial Western states only. Non-Western states cannot make use of the IL violence. Thirdly, IHL is a fantasy. It whitewashes the more brutal branches of IL. It is also non-enforceable against war criminals from imperial Western states. The recent conflict between Palestine and Israel since October 2023 is evidence that IHL is biased in favor of Imperial powers against resistant movements. Thus, these arguments lead to a reasonable conclusion that the world would be better without IHL. 2025-06-18T07:00:00Z thesis application/pdf https://fount.aucegypt.edu/etds/2550 https://fount.aucegypt.edu/context/etds/article/3601/viewcontent/fares_mahmoud_defallah_abdelhamid_thesis.pdf Theses and Dissertations AUC Knowledge Fountain International Humanitarian Law unlawful/unprivileged combatants colonialism civilization concept capitalism and Additional Protocol 1 1977 Criminal Law Criminology and Criminal Justice Human Rights Law International Humanitarian Law International Law Jurisprudence Law and Politics Military, War, and Peace National Security Law Peace and Conflict Studies Rule of Law Terrorism Studies |
| spellingShingle | International Humanitarian Law unlawful/unprivileged combatants colonialism civilization concept capitalism and Additional Protocol 1 1977 Criminal Law Criminology and Criminal Justice Human Rights Law International Humanitarian Law International Law Jurisprudence Law and Politics Military, War, and Peace National Security Law Peace and Conflict Studies Rule of Law Terrorism Studies Abdelhamid, Fares Mahmoud Def-Allah The Instrumentalization of the Unprivileged Combatants by Western Countries Aimed to Oppress National Liberation Wars |
| title | The Instrumentalization of the Unprivileged Combatants by Western Countries Aimed to Oppress National Liberation Wars |
| title_full | The Instrumentalization of the Unprivileged Combatants by Western Countries Aimed to Oppress National Liberation Wars |
| title_fullStr | The Instrumentalization of the Unprivileged Combatants by Western Countries Aimed to Oppress National Liberation Wars |
| title_full_unstemmed | The Instrumentalization of the Unprivileged Combatants by Western Countries Aimed to Oppress National Liberation Wars |
| title_short | The Instrumentalization of the Unprivileged Combatants by Western Countries Aimed to Oppress National Liberation Wars |
| title_sort | instrumentalization of the unprivileged combatants by western countries aimed to oppress national liberation wars |
| topic | International Humanitarian Law unlawful/unprivileged combatants colonialism civilization concept capitalism and Additional Protocol 1 1977 Criminal Law Criminology and Criminal Justice Human Rights Law International Humanitarian Law International Law Jurisprudence Law and Politics Military, War, and Peace National Security Law Peace and Conflict Studies Rule of Law Terrorism Studies |
| url | https://fount.aucegypt.edu/etds/2550 https://fount.aucegypt.edu/context/etds/article/3601/viewcontent/fares_mahmoud_defallah_abdelhamid_thesis.pdf |
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