Season 2, Episode 3 of Serial is titled "Escaping."  This episode recounts Sergeant Bergdahl's early captivity by the Taliban, and how he unsuccessfully attempted to escape.  During this episode, Sarah Koenig talks about how Bergdahl received only basic SERE (Survival, Evasion Resistance, and Escape) training, mainly consisting of instruction on the Code of Conduct for Members of the Armed Forces of the United States. As I listened, I thought that most non-military listeners were likely unfamiliar with the Code of Conduct.  So, I'm using this post to talk a little about the Code of Conduct--what it is and where it comes from. The Code of Conduct was created after the Korean War to provide uniform guidelines for military members captured by enemy forces.  Take a moment to read the entire text of the Code of Conduct here.  You'll note that it is quite short, consisting mainly of six articles.  One thing to keep in mind, that was only tangentially mentioned in the podcast, is that the Code of Conduct is not punitive.  In other words, a soldier cannot be punished for violating the Code of Conduct itself (although certain actions inconsistent with the Code could lead to prosecution under the military's criminal law system).  Rather, the Code provides personal guidelines for a soldier's behavior in captivity.  This is an important point, because Koenig discusses whether Bergdahl "violated" the Code by participating in his captors' propaganda videos.   To that point, I'd also like to draw your attention to Article V.  You've probably heard the basic idea that a captured soldier need only provide her name, rank, and serial number.  This idea comes from Article V, but the actual language of this article has evolved over time. The original 1955 Code stated, "When questioned, if I become a prisoner of war, I am bound to give only name, rank, service number, and date of birth."  This language was amended by Executive Order 12017 of November 3, 1977, to change "bound" to "required," and to eliminate the word "only."  This amendment came about after the Vietnam War to reflect that captives may be pushed beyond their limits to resist further questioning.  You can read more about this amendment in this excellent 1978 article from Airman magazine.   Finally, you may have noticed by now that the Code of Conduct is an executive order.  Executive orders have drawn a bit of media attention recently, as President Obama recently announced he would take executive action to reduce gun violence.  Executive orders occupy a place in the hierarchy of U.S. law inferior to enacted legislation or judicial decisions.  Rather, executive orders are the President's directives to executive agencies.  Although often described as having the "force of law," executive orders are subject to judicial challenge and review.   Thus, it makes sense that the Code of Conduct is an executive order.  The Department of Defense is an executive agency; therefore, all members of the DoD are part of the executive branch of government and subject to the President's directives as both head of the executive branch and Commander in-Chief. Thanks for reading! Please comment below with any questions or reflections.