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I think that is pretty easy to say if you don't have guns pointed at you and your own life is in danger.
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This man has been over there risking his life for YOU and me and is currently being held prisoner by the enemy and you sit here in your comfortable surroundings and criticize him. That's pretty damn sorry if you ask me.
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So we'll add cowardice in the face of the enemy to the list.
While I never had the "pleasure" of serving in combat, I sure as heck did earn my right to speak out about this mans conduct as I also did serve this country honorably. I did my time, and I sacrificed alot to do it and I'm darn proud I did. While I was in the Corps I know for sure I was taught the Code of Conduct, just like he would have been in the reserves. In fact I carried a little card in my wallet with the Code of Conduct on it whenever I was deployed.
His statement on national TV serves to motivate the enemy to fight harder, while at the same time further undermining support here at home. His statement is like throwing gasoline on the "yankee go home" fire here and in theater.
And just because our enemies didn't sign a treaty regarding the laws of war and may use illegal prisoner interrogation techiniques does not excuse his conduct. His job, his DUTY, was to not make such a statement, even under the threat of torture and death. His comment will probably indirectly cost another soldier or Marine his life because of the boosted morale of the opposition forces stemming from this incident. THAT is unexcusable.
I stand by my original assessment that he should, if released or rescued alive, be courts-martialed, or at the very least issued Non-Judicial Punishment for his conduct.
Mike
Here's the Code of Conduct with brief explanations of each article:
Article I
I am an American, fighting in the forces which guard my country and our way of life. I am prepared to give my life in their defense.
Explanation: Article I of the CoC applies to all Service members at all times.
A member of the Armed Forces has a duty to support U.S. interests and oppose U.S. enemies regardless of the circumstances, whether located in a combat environment or in captivity.
Article II
I will never surrender of my own free will. If in command, I will never surrender the members of my command while they still have the means to resist.
Explanation: Members of the Armed Forces may never surrender voluntarily. Even when isolated and no longer able to inflict casualties on the enemy or otherwise defend themselves, it is their duty to evade capture and rejoin the nearest friendly force. Surrender is the willful act of members of the Armed Forces turning themselves over to enemy forces when not required by utmost necessity or extremity. Surrender is always dishonorable and never allowed. When there is no chance for meaningful resistance, evasion is impossible, and further fighting would lead to their death with no significant loss to the enemy, members of Armed Forces should view themselves as "captured" against their will versus a circumstance that is seen as voluntarily "surrendering." They must remember that the capture was dictated by the futility of the situation and overwhelming enemy strengths. In this case, capture is not dishonorable.
The responsibility and authority of a commander never extends to the surrender of command, even if isolated, cut off, or surrounded, while the unit has a reasonable power to resist, break out, or evade to rejoin friendly forces.
Article III
If I am captured I will continue to resist by all means available. I will make every effort to escape and to aid others to escape. I will accept neither parole nor special favors from the enemy.
Explanation:
The misfortune of capture does not lessen the duty of a member of the Armed Forces to continue resisting enemy exploitation by all means available. Contrary to the Geneva Conventions, enemies whom U.S. forces have engaged since 1949 have regarded the POW compound as an extension of the battlefield. The POW must be prepared for this fact.
The enemy has used a variety of tactics to exploit POWs for propaganda purposes or to obtain military information in disregard of the Geneva Conventions. The CoC requires resistance to captor exploitation efforts. In the past, enemies of the United States have used physical and mental harassment, general mistreatment, torture, medical neglect, and political indoctrination against POWs.
The enemy has tried to tempt POWs to accept special favors or privileges not given to other POWs in return for statements or information desired by the enemy or for a pledge by the POW not to attempt escape.
The Geneva Conventions recognize that the regulations of a POW's country may impose the duty to escape and that POWs may attempt to escape. Under the guidance and supervision of the senior military person and POW organization, POWs must be prepared to take advantage of escape opportunities whenever they arise. In communal detention, the welfare of the POWs who remain behind must be considered. A POW must "think escape," must try to escape if able to do so, and must assist others to escape.
The Geneva Conventions authorize the release of POWs on parole only to the extent authorized by the POWs' country and prohibit compelling a POW to accept parole. Parole agreements are promises a POW gives the captor to fulfill stated conditions, such as not to bear arms or not to escape, in consideration of special privileges, such as release from captivity or lessened restraint. The United States does not authorize any Military Service member to sign or enter into any such parole agreement.
Article IV
If I become a prisoner of war, I will keep faith with my fellow prisoners. I will give no information or take part in any action which might be harmful to my comrades. If I am senior, I will take command. If not, I will obey the lawful orders of those appointed over me and will back them up in every way.
Explanation: Officers and noncommissioned officers shall continue to carry out their responsibilities and exercise their authority in captivity.
Informing, or any other action detrimental to a fellow POW, is despicable and is expressly forbidden. POWs especially must avoid helping the enemy to identify fellow POWs who may have knowledge of value to the enemy and who may be made to suffer coercive interrogation.
Strong leadership is essential to discipline. Without discipline, camp organization, resistance, and even survival may be impossible.
Personal hygiene, camp sanitation, and care of the sick and wounded are imperative.
Wherever located, POWs should organize in a military manner under the senior military POW eligible for command. The senior POW (whether officer or enlisted) in the POW camp or among a group of POWs shall assume command according to rank without regard to Military Service. The senior POW cannot evade that responsibility and accountability.
When taking command, the senior POW shall inform the other POWs and shall designate the chain of command. If the senior POW is incapacitated, or is otherwise unable to act for any reason, the next senior POW shall assume command. Every effort shall be made to inform all POWs in the camp (or group) of the members of the chain of command who shall represent them in dealing with enemy authorities. The responsibility of subordinates to obey the lawful orders of ranking American military personnel remains unchanged in captivity.
U.S. policy on POW camp organization requires that the senior military POW assume command. The Geneva Convention on POWs provides additional guidance to the effect that in POW camps containing only enlisted personnel, a prisoners' representative shall be elected. POWs should understand that such an elected representative is regarded by U.S. policy as only a spokesperson for the senior POW. The prisoners' representative does not have command, unless the POWs elect the senior POW to be the prisoners' representative. The senior POW shall assume and retain actual command, covertly if necessary.
Maintaining communications is one of the most important ways that POWs aid one another. Communication breaks down the barriers of isolation that an enemy may attempt to construct and helps strengthen a POW's will to resist. Each POW, immediately upon capture, shall try to make contact with fellow POWs by any means available and, thereafter, shall continue to communicate and participate vigorously as part of the POW organization.
As with other provisions of the CoC, common sense and the conditions in the POW camp shall determine the way in which the senior POW and the other POWs structure their organization and carry out their responsibilities.
Article V
When questioned, should I become a prisoner of war, I am required to give name, rank, service number, and date of birth. I will evade answering further questions to the utmost of my ability. I will make no oral or written statements disloyal to my country and its allies or harmful to their cause.
Explanation: When questioned, a POW is required by the Geneva Conventions and the CoC, and is permitted by the UCMJ, to give name, rank, service number, and date of birth. Under the Geneva Conventions, the enemy has no right to try to force a POW to provide any additional information. However, it is unrealistic to expect a POW to remain confined for years reciting only name, rank, service number, and date of birth. There are many POW camp situations in which certain types of conversation with the enemy are permitted. For example, a POW is allowed, but not required by the CoC, the UCMJ, or the Geneva Conventions, to fill out a Geneva Conventions "capture card," to write letters home, and to communicate with captors on matters of camp administration and health and welfare.
The senior POW is required to represent fellow POWs in matters of camp administration, health, welfare, and grievances. However, POWs must constantly bear in mind that the enemy has often viewed POWs as valuable sources of military information and propaganda that they can use to further their war effort.
Accordingly, each POW must exercise great caution when completing a "capture card," when engaging in authorized communication with the captor, and when writing letters. A POW must resist, avoid, or evade, even when physically and mentally coerced, all enemy efforts to secure statements or actions that may further the enemy's cause.
Examples of statements or actions POWs should resist include giving oral or written confessions; making propaganda recordings and broadcast appeals to other POWs to comply with improper captor demands; appealing for U.S. surrender or parole; engaging in self-criticisms; and providing oral or written statements or communications on behalf of the enemy or harmful to the United States, its allies, the Armed Forces, or other POWs. Captors have used POWs' answers to questions of a personal nature, questionnaires, or personal history to create improper statements such as those listed above.
A POW should recognize the enemy might use any confession or statement as part of a false accusation that the captive is a war criminal rather than a POW. Moreover, certain countries have made reservations to the Geneva Conventions (reference (g)) in which they assert that a war criminal conviction has the effect of depriving the convicted individual of POW status. These countries may assert that the POW is removed from protection under reference (g) and the right to repatriation is thus revoked until the individual serves a prison sentence.
If a POW finds that, under intense coercion, he unwillingly or accidentally discloses unauthorized information, the Service member should attempt to recover and resist with a fresh line of mental defense.
POW experience has shown that although enemy interrogation sessions may be harsh and cruel, it is usually possible to resist, if there is a will to resist.
The best way for a POW to keep faith with the United States, fellow POWs, and oneself is to provide the enemy with as little information as possible.
Article VI
I will never forget that I am an American, fighting for freedom, responsible for my actions, and dedicated to the principles which made my country free. I will trust in my God and in the United States of America.
Explanation:
A member of the Armed Forces remains responsible for personal actions at all times. Article VI is designed to assist members of the Armed Forces to fulfill their responsibilities and survive captivity with honor. The CoC does not conflict with the UCMJ, which continues to apply to each military member during captivity or other hostile detention. Failure to adhere to the CoC may subject Service members to applicable disposition under the UCMJ.
When repatriated, POWs can expect their actions to be subject to review, both as to circumstances of capture and as to conduct during detention. The purpose of such review is to recognize meritorious performance and, if necessary, investigate any allegations of misconduct.
Such reviews shall be conducted with due regard for the rights of the individual and consideration for the conditions of captivity.
A member of the Armed Forces who is captured has a continuing obligation to resist all attempts at indoctrination and remain loyal to the United States.
The life of a POW may be very hard. POWs who stand firm and united against enemy pressures shall aid one another immeasurably in surviving this ordeal.
Captured U.S. soldier, commend or court-martial?
