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The Instrumentalization of the Unprivileged Combatants by Western Countries Aimed to Oppress National Liberation Wars

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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Main Author: Abdelhamid, Fares Mahmoud Def-Allah
Format: Thesis
Published: AUC Knowledge Fountain 2025
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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.
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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
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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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