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Captured American soldiers being marched from the Battle of the Bulge. Many of these men were taken to Berga.
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International law continues to respond to modern conflicts and their changing political and military composition. In response to the independence movements against colonial governments in Africa and Asia, the international community sought to expand the 1949 Geneva Conventions to include individuals fighting in resistance movements, individuals who would otherwise not qualify as belligerents under the 1949 Conventions' definition. Through the creation of Protocols I and II to the Geneva Conventions of 1949, the international community sought to expand protections and respond to the changing nature of armed conflict. Although many nations have ratified these Protocols, the United States has neither signed nor ratified either one.
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Who is entitled to the protections afforded by the 1949 Geneva Conventions? Are captured members of terrorist organizations proper prisoners of war? What about captured members of irregular military forces of a disfavored regime? These and other issues continue to generate debate.
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Recent events continue to raise a critical, complicated question with respect to prisoners of war: Who is entitled to the protections afforded by the 1949 Geneva Conventions? Are captured members of terrorist organizations proper prisoners of war? Are captured members of irregular military forces of a disfavored regime proper prisoners of war? Should organized, widely recognized guerilla movements receive these protections? There is little consensus with respect to these issues.
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