The Legality of the Bowe Bergdahl Prisoner Swap
COMMENT Leave No Soldier Behind? The Legality of the Bowe Bergdahl Prisoner Swap STEVEN M. MAFFUCCI† INTRODUCTION On May 31, 2014, President Obama announced the recovery of the lone American prisoner of war from the Afghan conflict, U.S. Army Sergeant Bowe Bergdahl.1 This seemingly momentous occasion, however, was quickly shrouded in controversy.2 Most notably, there were assertions from members of Bergdahl’s unit that he had deserted, and that fellow soldiers had needlessly died in the search following Bergdahl’s disappearance.3 There were complaints that the cost associated with recovering Bergdahl, particularly the five Taliban prisoners for whom Bergdahl was exchanged, was too high, and that the Obama † J.D. Candidate, Class of 2016, SUNY Buffalo Law School. Thanks to the dedicated associates and editors of the Buffalo Law Review for their insightful suggestions and support. 1. Eric Schmitt & Charlie Savage, Bowe Bergdahl, American Soldier, Freed by Taliban in Prisoner Trade, N.Y. TIMES (May 31, 2014), http://www.nytimes. com/2014/06/01/us/bowe-bergdahl-american-soldier-is-freed-by-taliban. html?_r=0. 2. Tom Hamburger & Kevin Sieff, Joy About Bergdahl Release Gives Way to Questions, WASH. POST (June 1, 2014), https://www.washingtonpost.com/world/ national-security/hagel-discusses-details-of-us-operation-to-exchange-taliban- detainees-for-captive-soldier/2014/06/01/551c21f8-e95f-11e3-a86b- 362fd5443d19_story.html. 3. Eric Schmitt et al., Bowe Bergdahl’s Vanishing Before Capture Angered His Unit, N.Y. TIMES (June 2, 2014), http://www.nytimes.com/2014/06/03/us/us- soldier-srgt-bowe-bergdahl-of-idaho-pow-vanished-angered-his-unit.html?_r=0.
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