Historical Precedents
After defeating Poland in 1939, and also after the defeat of Yugoslavia two years later, many troops from those nations were "released" from POW status and turned into a "virtual conscript labor force".
Germany had either broken up or absorbed the countries in question, and the German argument was that neither country remained as a recognized state to which the POWs could still claim to belong, and that since belonging to a recognized nation was a formal prerequisite for POW status, "former Polish and Yugoslav military personnel were not legally prisoners of war".
The Allied argument for retracting Geneva convention protection from the German soldiers was similar to that of Nazi Germany vis à vis Polish and Yugoslav soldiers; using the "disappearance of the Third Reich to argue that the convention no longer operated-that POW status did not apply to the vast majority who had passed into captivity on and after May 5". The motive was twofold: both an unwillingness to follow the Geneva convention now that the threat of German reprisals against Allied POWs was gone, and also they were "to an extent unable to meet the high standards of the Geneva code" for the large number of captured Germans.
Read more about this topic: Disarmed Enemy Forces
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