US military delves into WWII history to charge ‘deserter’ Bergdahl with rare offence

Military prosecutors have reached into a section of military law seldom used since World War II in the politically fraught case against U.S. Army Sgt. Bowe Bergdahl, the soldier held prisoner for years by the Taliban after leaving his post in Afghanistan. Bergdahl, held prisoner by the Taliban for years after he left his post in Afghanistan, faces life in prison after he was charged with “misbehaviour before the enemy”. The charge accuses him of endangering fellow soldiers when he “left without authority; and wrongfully caused search and recovery operations”. Bergdahl was stationed at the remote outpost in Paktika province on 30 June 2009.

You’re able to say that what he did had a particular impact or put particular people at risk. It is less generic than just quitting.

Lawrence Morris, a retired Army colonel

The 28-year-old was captured, along with a group of Afghan soldiers, and sold to the Haqqani terrorist network, who are allied with the Taliban. He was freed on 31 May last year in exchange for the release of Taliban detainees and has also been charged with desertion. The charge - known as an Article 99 offence - was used hundreds of times during World War Two, but it has been seldom seen during conflicts since. Bergdahl will make an initial court appearance, known as an Article 32 hearing, on 17 September at Fort Sam Houston, Texas.

It is of course more complicated than the desertion charge, not as well understood, a higher burden on the government to prove.

Lawrence Morris

Americas Bergdahl