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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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In the United States, the current administration has begun to take a position. Through the issuance of an Executive Order in early 2002, the Bush Administration asserted that the Taliban and Al Qaeda fighters captured in Afghanistan and Pakistan did not qualify as belligerents under the 1949 Geneva Conventions; therefore, U.S. officials argued, these fighters are not entitled to the protections afforded prisoners of war under this basic international agreement.
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The nature of international violent conflict continues to evolve, as do the values and responsibilities of the world community.
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By asserting that these individuals did not qualify as prisoners of war, the Administration determined that it no longer had to comply with the protections required and the limitations imposed by the Geneva Conventions -- such as the ability to interrogate a detainee. As the nature of international violent conflict continues to evolve, the United States and the entire international community will continue to face these difficult questions.
SOURCES
Meron, Theodor. WAR CRIMES LAW COMES OF AGE: ESSAYS. Clarendon Press, 1998.
Detter, Ingrid. THE LAW OF WAR. Cambridge University Press, 2d ed., 2000.
Gardam, Judith. HUMANITARIAN LAW. Ashgate Press, 1999.
Anderson, Kenneth. "Who Owns the Rules of War?" THE NEW YORK TIMES MAGAZINE, April 13, 2003.
The Avalon Project at Yale Law School: The Laws of War
www.yale.edu/lawweb/avalon/lawofwar/lawwar.htm
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