Private Bowe Bergdahl Violations

I believe Army Private Bowe Bergdahl should be exonerated on all charges due to his harsh treatment for five years in captivity with the Taliban and Private Bergdahl in no way misbehaved before the enemy. Private Bergdahl was deployed in May of 2009 along with Blackfoot company to OP Mest in southeastern Afghanistan. Bowe was captured by Taliban fighters on June 30th 2009 and held in both Afghanistan and Pakistan until 2014 when he was traded for five high ranking Taliban operatives. Private Bergdahl was held prisoner by the Haqqani network in Pakistan for most of his time in captivity and subjected to cruel and unusual punishment. According to Bowe during his capture “was kept in constant isolation during the entire five years, with little

Bowe details one of his many beatings and describes how he was ”beat with hoses and kept in a cage” (Horton). Clearly Bowe’s time with the Taliban was so torturous and damaging he should be cleared of all wrongdoing. The Geneva Convention even bans “torture or inhuman treatment” (Curtis). Due the the extent of Bowes punishment and the animalistic nature of his treatment Bowe deserves his freedom. Bowe was almost always kept locked in a room not only to mentally damage him but for fear he may escape, after Bowe escaped once the Taliban decided they had to restrain him further “ Three months I was chained to a bed spread-eagle” (Associated Press in Raleigh, North Carolina). As if simply holding someone in a cell alone isn't enough the Taliban physically restrained Bowe and only let him up once a day to eat and go to the bathroom. This constant torture was truly physically and mentally damaging to Bowe and was banned internationally in 1949, due to the damages Bowe has suffered he should be

Bowe is accused of misbehavior before the enemy partially due to his role in propaganda videos and answering questions. The code of Conduct states “I will evade answering further questions to the utmost of my ability” (Association of The United States Army). However when a soldiers life is threatened his ability is limited and therefore Bowe appearing in propaganda videos for the Taliban is nullified. Although Bowe did abandon his post, Misbehavior before the enemy mostly deals with soldiers abandoning their post “with the intent to shrink important hazardous duty” (Fields). Bowe was not trying to shrink important hazardous duty or endanger the lives of his fellow squadron, he was attempting to raise a DUSTWUN as a means of awareness. Therefore Bowe’s charge should be dropped because he wasn't attempting to cause injury or harm to his fellow soldiers and he had meaningful intent behind his plans. Bowe’s charge of misbehavior before the enemy should be dropped due to its weak holding in court martial rulings, although the maximum punishment is death the two most recent violations of the law were met with little punishment and resulted in soldiers being demoted, discharged and “not sentenced to serve any time” (Oppel). Due to the infractions of these soldiers Bowe