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his or her armed forces is a question of that State’s domestic law and not international law.States generally forbid members of their armed forces from desertion and generally regardmembers of the armed forces who desert as continuing to be members of their armed forces.Deserters who are subsequently captured by their own armed forces are not POWsbecause they are not in the power of the enemy and because the privileges of combatant statusare generally understood not to apply, as a matter of international law, between nationals andtheir State of nationality. 1204.5.2.6 Defectors. Defectors are persons from one side’s armed forces whovoluntarily join the armed forces of the opposing side. They are generally not regarded as POWswhile serving in their new armed force. 121Defectors serving in the forces of the enemy who are captured by the State to which theyoriginally owed an allegiance generally would not be entitled to POW status because theprivileges of combatant status are generally understood not to apply, as a matter of internationallaw, between nationals and their State of nationality. 122States may not compel POWs, retained personnel, or protected persons in their power todefect and serve in their armed forces. 1234.5.3 Regular Armed Forces Who Profess Allegiance to a Government or an AuthorityNot Recognized by the Detaining Power. During international armed conflict, members ofregular armed forces who profess allegiance to a Government or an authority not recognized bythe Detaining Power are treated as members of the armed forces of a State. 124 Under Article4A(3) of the GPW, they receive POW status, and they should also receive the rights, duties, andliabilities of combatants. 125Article 4A(3) of the GPW was developed to address situations like those that hadoccurred during World War II, when members of a military force continued fighting after theirState had been occupied. 126 For example, military forces might continue to fight for a120 Refer to § 4.4.4 (Nationality and Combatant Status).121 Refer to § 9.3.4.1 (Having Fallen).122 Refer to § 4.4.4.2 (Nationals of a State Who Join Enemy Forces).123 Refer to § 9.19.2.3 (Labor Assignments That May Be Compelled); § 10.7.3 (Compulsory Work for ProtectedPersons in a Belligerent’s Home Territory); § 11.20.1.1 (Prohibition on Compulsory Service in an OccupyingPower’s Armed Forces).124 GPW art. 4A(3) (defining “prisoners of war, in the sense of the present Convention,” to include “[m]embers ofregular armed forces who profess allegiance to a government or an authority not recognized by the DetainingPower” who have fallen into the power of the enemy).125 Refer to § 4.4 (Rights, Duties, and Liabilities of Combatants).126 See INTERNATIONAL COMMITTEE OF THE RED CROSS, Report on the Work of the Conference of GovernmentExports for the Study of the Convention for the Protection of War Victims, 106 (Geneva, Apr. 14-26, 1947) (“In itsreport, the ICRC stressed that certain States [during World War II] had denied the status of belligerents to combatantunits subject to a Government or authority which these States did not recognise; this despite the fact that these units(e.g. the French forces constituted under General de Gaulle) fulfilled all the conditions required for the granting of116