Five-year detention was enough for Israel’s Shalit: Why not for Bergdahl?

Sgt. Bowe Bergdahl was charged last week with desertion and misbehaving before the enemy after spending five years in Al-Qaeda captivity. While many Americans—especially Republicans— back this prosecution, it may be illuminative to look at how Israel treated its own soldier, Gilad Shalit, who faced similar circumstances: failing in his duty as a combat soldier and suffering five years in Hamas detention. However, instead of prosecuting Shalit after his years of anguish, Israel decided to abandon any charges. America should do the same with Bergdahl.

While much of the media is focusing on Bergdahl’s desertion charges, the more serious count “misbehavior before the enemy,” carries the potential for life in prison. This charge includes throwing down your weapon, behaving cowardly, running away, and failing to do the utmost to destroy the enemy.

{mosads}Israel’s Gilad Shalit violated each of these articles shortly before Hamas captured him in 2006. In a detailed examination, Israeli Maariv columnist Ben Caspit reveals Shalit’s shocking misbehavior leading to his own captivity and the strategic harm to Israel following the release of over 1,000 Palestinian prisoners. The account is based on Shalit’s own testimony to the Israeli Army after his return.

Shalit was initially sleeping when the Hamas’ rocket propelled grenade struck his tank on the Gaza border. Lt. Barak—direct superior– then ordered him to leave the tank with another soldier but Shalit rejected the command staying inside the tank. After another grenade slightly wounded Shalit, the soldier abandoned the tank unarmed by himself leaving his M-16 on the floor of the turret.

Despite having multiple opportunities to end the incident by neutralizing the two Hamas militants with a more powerful tank machine gun or his personal weapon, Shalit did nothing. Once kidnapped, Shalit obediently followed the Hamas militants’ orders moving quickly to Gaza without attempting to slow down, which would have provided time for a nearby Israeli force to arrive. The lethal errors go on and on.

In contrast to Bergdahl, Shalit was never prosecuted when he returned to Israel. Due to the mandatory military service for all 18 year-olds,  “Gilad Shalit became a sort of ‘son of the nation’ a normal boy drafted into the military and forced to deal with danger,” explained Daniel Nisman, Israeli analyst and head of a security think tank Levantine Group. “There would have been a huge public outcry had the government or the IDF decided to take Shalit to court over it,” emphasized Amir Tibon, Israeli diplomatic correspondent for Walla News.

Suffering mental troubles, the Coast Guard discharged Bergdahl for psychological reasons in 2006. It is doubtful whether the Army’s enlisting of Bergdahl into a combat unit sent to enemy territory was appropriate given his challenging circumstances. In a similar note, Israeli commentators question whether drafting the “emotionally fragile” Shalit into the Tanks Division was justified. Bergdahl and Shalit’s sensitive conditions only exemplify the need to treat each case differently without applying a uniform code of justice for all.

Opponents argue that Berghdahl must be punished for his inappropriate behavior while in the military. Yet, isn’t Berghdahl’s five-year captivity in Taliban custody a strong enough penalty for his actions? Bergdahl was tortured repeatedly while held in custody, beaten with a copper cage and chained. His treatment in detention appears far worse than what Shalit faced. Shalit reported having watched all of the 2010 World Cup soccer games and ate dinner one night with a family on their rooftop overlooking the Mediterranean Sea during his five-year captivity. Nonetheless, few–if any– in Israel argued that Shalit still deserved to be punished

While some Americans are still bitter that in order to return Bergdahl, Washington DC released five senior Taliban commanders held at Guantanamo Bay, Israelis would have been thrilled with such a price. Shalit’s freedom cost Israel an astounding 1,027 Palestinian prisoners including militants responsible for some of the most heinous suicide bombs.

American politicians on both sides of the aisle endlessly repeat the traditional line of “supporting our troops.” Yet, in one of the most difficult ordeals to face an American serviceman who probably should not have been sent to Afghanistan in the first place, many of these same individuals are pushing for harsh punishment for a soldier who has already faced immense suffering. While Republicans increasingly praise Israel’s strong stance against terror, maybe they should also consider how Israel responded to the failing of one of its soldiers after years of captivity. Would they accuse Israelis of excessive softness?

Magid is a graduate student at Harvard University specializing in Middle Eastern Studies. He has written articles on Middle Eastern politics for The New Republic, Al-Monitor and Haaretz. He tweets at @AaronMagid.