List of Iraq War resisters

Last updated

This is a dynamic list and may never be able to satisfy particular standards for completeness. You can help by adding missing items with reliable sources.
Jeremy Hinzman, the first American Iraq war deserter to seek refugee status in Canada. Jeremy Hinzmen.JPG
Jeremy Hinzman, the first American Iraq war deserter to seek refugee status in Canada.

Some soldiers of the coalition forces have refused to participate in the Iraq War. The following is a list of the more notable military personnel who have refused to participate in the Iraq War, broadly categorized by the reasons they themselves give.

Contents

Objectors who moved to Canada

Pursuant to the Treaty between the Government of Canada and the Government of the United States of America on Mutual Legal assistance in Criminal Matters, US authorities can request Canadian authorities to identify, locate, and take into custody of US nationals who have committed a crime that carries a possible sentence of more than a year [1] and subsequently extradite them back to US, pursuant to Extradition Treaty Between the United States of America and Canada. [2] However, the government of the United States must promise those extradited will not receive the death penalty, in accordance with the ruling of United States v. Burns from the Supreme Court of Canada.

Because of the possibility that deserters have been issued with arrest warrants back in the United States and pursuant to those two agreements above, they are liable for arrest in Canada unless they legalize their status. This can be done by pursuing a refugee claim, about which the Immigration and Refugee Board of Canada (IRB) will hold a hearing and determine the validity of the claim. If refused, the claimant can appeal to the Federal Court, Federal Court of Appeal, and finally the Supreme Court of Canada, if leave is granted.

However, if the refugee claim is refused and subsequent appeals do not overturn the decision made by IRB, the claimant must leave Canada within 30 days under a removal order. [3] If the claimant does not leave Canada within 30 days or failed to confirm departure details with Canada Border Services Agency, it automatically becomes a deportation order, enforceable by any peace officer in Canada. [4]

Objectors who remain in Canada

  • Peter Jemley [5]
  • Dale Landry [6]
  • David Sanders [7]
  • Kyle Snyder
  • Rodney Watson – On August 5, 2009 he was ordered out of Canada by August 10, 2009, but this was delayed to August 19, 2009. [8] It was again delayed to September 11, 2009. In light of this order of deportation, he appealed to the First United Church in Vancouver for right of asylum. His request was granted and he entered that church on September 18, 2009. [9] [10]

Objectors granted stay of deportation pending further decisions

  • Corey Glass – On July 9, 2008, the Toronto Star reported that Corey Glass "is [now] permitted to remain in Canada until the Federal Court makes a decision on ... cases for judicial review." [11] He was transferred to the IRR where he remains under Army jurisdiction until they discharge him.
  • Jeremy Hinzman
  • Matt Lowell (October 27, 2008 [12] and January 6, 2009 [13] )

Objectors granted new IRB panel to reconsider applications for permanent refugee status

("IRB" is Immigration and Refugee Board of Canada)

Objectors deported from Canada or left because of deportation order

  • Robin Long – On July 16, 2008, the Toronto Star reported that Long "was ordered out of [Canada] last week after he failed to comply with bail conditions imposed when he missed an immigration hearing last year. He was deported yesterday." [24]
  • Chris Teske – January 23, 2009, Teske was the first war resister to be forced out of Canada who applied for legal refugee status, did not "fail to comply with bail conditions" (as Robin Long did), and yet was still issued a deportation order. [25]
  • Clifford Cornell – In January 2009, Cornell experienced some legal events. [26] [27] On February 4, 2009 Cornell "was arrested on Wednesday after crossing the border from Canada into Washington State". [28] On February 23, 2009, Cornell was charged with the crime of desertion with the intent to "avoid hazardous duty and shirk important service". [29] [30] On April 29, 2009, Clifford was convicted of desertion and sentenced to one year in prison. [31] [32]
  • Kimberly Rivera – On August 11, 2009, she was granted a new "Pre Removal Risk Assessment" hearing with a new officer. [33] However, she was deported on September 20, 2012. She was sentenced to ten months' imprisonment and a bad conduct discharge.
  • Daniel Sandate – Deported at Niagara Falls, Canada on July 16, 2008, [34] after having been in Canada for over 2 years. He was later court-martialed at Ft. Carson and given an 8-month prison sentence. [35] [36] Sandate released a written statement in prison about his opposition to the war in Iraq. [37] He was released on January 20, 2009, at Ft. Sill, Oklahoma, and spoke publicly about his experience at a press conference in Oklahoma City on January 22, 2009. [38] [39]
  • James Ashley – On December 23, 2008, the Toronto Star reported the following: "A 28-year-old man accused of deserting the U.S. army has been caught by Canadian police and turned over to U.S. authorities in Michigan. James Ashley was returned to the United States on Monday at the Blue Water Bridge in Port Huron. U.S. Customs spokesman Ron Smith says it's not clear if police caught Ashley at the bridge or elsewhere in Ontario. Smith says there's an arrest warrant for Ashley out of Fort Riley, Kansas." [40] It is unclear whether or not Ashley had intended to legalize his status by pursuing a refugee claim with the Immigration and Refugee Board of Canada, or whether he had yet to do so. (See Immigration and Refugee Protection Act.)

Objectors who willingly returned to the US without deportation order

Objectors claiming the war is illegal

Conscientious objectors

For purposes of this list, the determination of conscientious objection is made by the individual, not a government. It is frequently the case that individuals and governments disagree on the status.

Other

Punishments given to Iraq War resisters

NameCountryDate convictedConvicted ofSentenceActual prison time
Stephen Funk United StatesSep 6, 2003Unauthorized absence6 months6 months
Camilo Mejia United StatesMay 21, 2004 Desertion 12 months9 months
Abdullah William Webster [61]

(Amnesty International prisoner of conscience [62] )

United StatesJun 3, 2004Failing to obey commands from superior and missing brigade's movements14 months11 months
Kevin BendermanUnited StatesJul 2005Missing movement by design, desertion with intent to avoid hazardous duty15 months13 months
Malcolm Kendall-Smith United KingdomApr 13, 2006Refusal to obey a legal order8 months plus fine, etc.2 months plus other penalties
Agustin Aguayo

(Amnesty International prisoner of conscience [67] )

United StatesMar 6, 2007Desertion7 months
Ryan Jackson [68] United StatesMay 30, 2008Desertion100 days
***James Burmeister [43]

(Returned to the US without being given a deportation order.)

United StatesJul 16, 2008Desertion9 months3 months and 10 days [69]
***Robin Long [70]

(Applied for legal status; given a deportation order.)

United StatesAug 22, 2008Desertion with the intent to stay away permanently15 months12 months [71]
Tony Anderson [72] United StatesNov 17, 2008Desertion14 months
***Daniel Sandate (imprisonment began July 16, 2008; ended January 20, 2009) [35] [36] [37] [38] [39] [73]

(Did not apply for legal status; was deported.)

United StatesNov 17, 2008Desertion8 months6 months
***Clifford Cornell [31] [32]

(Applied for legal status; given a deportation order.)

United StatesApr 29, 2009Desertionone year, later reduced to 11 months [74] [75] 11 months (Released January 16, 2010) [74] [76]

"***" – Was in Canada as an Iraq war resister

See also

Related Research Articles

<span class="mw-page-title-main">Eddie Slovik</span> Executed US Army serviceman (1920–1945)

Edward Donald Slovik was a United States Army soldier during World War II and the only American soldier to be court-martialled and executed for desertion since the American Civil War. Although over 21,000 American soldiers were given varying sentences for desertion during World War II, including 49 death sentences, Slovik's death sentence was the only one that was carried out.

The Nuremberg principles are a set of guidelines for determining what constitutes a war crime. The document was created by the International Law Commission of the United Nations to codify the legal principles underlying the Nuremberg Trials of Nazi party members following World War II.

<span class="mw-page-title-main">Desertion</span> Abandonment of military duty without authorization

Desertion is the abandonment of a military duty or post without permission and is done with the intention of not returning. This contrasts with unauthorized absence (UA) or absence without leave, which are temporary forms of absence.

Canada did not officially participate in the Vietnam War. However, it contributed to peacekeeping forces in 1973 to help enforce the Paris Peace Accords.

<span class="mw-page-title-main">Jeremy Hinzman</span> American deserter and Iraq War resister

Jeremy Dean Hinzman is an Iraq War resister who was the first American deserter to seek refugee status in Canada.

<span class="mw-page-title-main">War Resisters Support Campaign</span>

The War Resisters Support Campaign (WRSC) is a Canadian non-profit community organization, founded in April 2004 in Toronto, Ontario to mobilize support among Canadians and worldwide to convince the Canadian government to offer sanctuary to all U.S. military personnel who wish to come to Canada because of their opposition to the invasion and occupation of Iraq.

Jeffry A. House is a retired lawyer who practiced in Toronto, Ontario, Canada. He is best known for his efforts on behalf and representation of fugitive American soldiers and Indigenous protesters.

<span class="mw-page-title-main">Kyle Snyder (soldier)</span>

Kyle Snyder is a Private First Class and combat engineer with the 94th Engineers based at Fort Leonard Wood, who deserted his Army unit while on mid-tour leave from Iraq and fled to Canada. His application for refugee status in Canada was denied.

Joshua "Josh" Key is a United States Army deserter, who fled while on leave from the Iraq War, and is a current resident of Canada. He is the author, with Lawrence Hill, of The Deserter's Tale, a book chronicling his service in Iraq and his subsequent departure from military life.

Agustín Aguayo is a veteran of the Iraq War. After several failed attempts to attain conscientious objector status, he deserted his unit in Germany in September 2006 to avoid redeployment to Iraq. He was convicted of desertion by a court martial March 6, 2007 and served six months in prison. His trial led Amnesty International to declare him a prisoner of conscience.

Robin Long is one of several U.S. Army deserters who sought asylum in Canada because of his opposition to the Iraq War and became the first of those to be deported to the United States after being rejected for refugee status. He was deported from Canada on July 15, 2008.

André Shepherd is a U.S. Army Specialist and deserter who applied for asylum in Germany on November 26, 2008. He is the first Iraq War veteran to pursue refugee status in Europe and only the second U.S. soldier to ever apply for refugee status in Germany.

Anne L. Mactavish is a Canadian jurist who is a judge of the Federal Court of Appeal.

<span class="mw-page-title-main">Iraq War resisters in Canada</span>

During the Iraq War, which began with the 2003 invasion of Iraq, there were United States military personnel who refused to participate, or continue to participate, in that specific war. Their refusal meant that they faced the possibility of punishment in the United States according to Article 85 of the US Uniform Code of Military Justice. For that reason some of them chose to go to Canada as a place of refuge. The choice of these US Iraq War resisters to go to Canada has led to considerable debate in Canada's society, press, legal arenas, and political arenas. Much of the debate on this issue has been due to the controversial nature of the Iraq War itself. Among the many elements of that debate are Canada's relationship to the Iraq War, and Canada's relationship to the US, its largest trading partner.

<span class="mw-page-title-main">War resister</span> Person who resists war

A war resister is a person who resists war. The term can mean several things: resisting participation in all war, or a specific war, either before or after enlisting in, being inducted into, or being conscripted into a military force.

Kimberly Rivera is an Iraq War resister and former U.S. Army Private First Class who went AWOL in February 2007 after a year of service. She was the first female U.S. military deserter to flee to Canada. She was deported from Canada on September 20, 2012, and pleaded guilty to desertion, receiving a sentence of ten months' imprisonment and a bad-conduct discharge. Amnesty International objected to her detention and designated her a prisoner of conscience.

<span class="mw-page-title-main">C. S. Magaoay</span>

Christopher Scott Magaoay, best known by his activist alias C. S. Magaoay, is an American researcher and activist best known for his outspoken stance on the War on Terror and North America Immigration Policies. His statements have been published in newspapers, periodicals and books worldwide. He has also had interviews broadcast internationally, featured in multiple documentaries and spoken throughout Canada during his time there in exile during his unauthorized absence from the United States Marine Corps.

<span class="mw-page-title-main">Courage to Resist</span> American anti-war organization (e. 2003)

Courage to Resist (CTR) is an organization in the San Francisco, CA area and beyond formed during the early part of the Iraq War which began in 2003. CTR's mission is to support U.S military war resisters, including helping them with legal fees such as well-known resisters Chelsea Manning and Reality Winner. In 2018, CTR began encouraging soldiers to resist at detention camps and other immigrant operations of the U.S. military. CTR's principle slogans are “Supporting the troops who refuse to fight!” and "Towards a World Without War!" They support those “who face consequences for acting on conscience, in opposition to illegal wars, occupations, [and] the policies of empire”.

<span class="mw-page-title-main">G.I. movement</span> Movement within the United States military during the Vietnam War

The G.I. movement was the resistance to military involvement in the Vietnam War from active duty soldiers in the United States military. Within the military popular forms of resistance included combat refusals, fragging, and desertion. By the end of the war at least 450 officers were killed in fraggings, or about 250 from 1969–1971, over 300 refused to engage in combat and approximately 50,000 American servicemen deserted. Along with resistance inside the U.S. military, civilians opened up various G.I. coffeehouses near military bases where civilians could meet with soldiers and could discuss and cooperate in the anti-war movement.

<span class="mw-page-title-main">Vietnam War resisters in Canada</span>

Vietnam War resisters in Canada were American draft evaders and military deserters who avoided serving in the Vietnam War by seeking political asylum in Canada between 1965 and 1975. Draft avoiders were typically college-educated and middle class Americans who could no longer avoid conscription. Deserters were usually lower-income and working class who had been inducted into the United States Armed Forces right after high school or had later volunteered.

References

  1. ↑ "Treaty between the Government of Canada and the Government of the United States of America on Mutual Legal assistance in Criminal Matters". Archived February 5, 2005, at the Wayback Machine
  2. ↑ "Extradition Treaty Between the United States of America and Canada" (PDF). Archived from the original (PDF) on 2021-05-08. Retrieved 2021-02-16.
  3. ↑ The refugee system: Refugee claims in Canada – after applying
  4. ↑ Government of Canada (2002). You Asked about ... immigration and citizenship. Queen's Printer for Canada. p. 66. ISBN   0-662-66679-8.
  5. ↑ Shephard, Michelle (September 6, 2008). "U.S. deserter feared torture orders". Toronto Star . Retrieved January 26, 2009.
  6. ↑ Landry never deployed never saw anytbing outside his dorm room. He has lied for years about his status. He was a mediocre military member who had his mom clean hia dorm room. Newspaper
  7. ↑ Vince Beiser (August 26, 2004). "Just Deserters?". LA Weekly . Archived from the original on December 19, 2007. Retrieved October 2, 2007.
  8. ↑ "News1130". Archived from the original on February 24, 2012. Retrieved 2009-09-03.
  9. ↑ "US war resister first to take sanctuary in Canada after being ordered deported". The Hook. Canadian Press. October 20, 2009. Retrieved February 16, 2021.
  10. ↑ Canadian Broadcasting Corporation (October 19, 2009). "War resister takes refuge in Vancouver church". Canadian Broadcasting Corporation . Retrieved November 10, 2009.
  11. ↑ Kyonka, Nick (July 9, 2008). "War resister's deportation on hold". The Star. Toronto.
  12. ↑ "London war resister Lowell gets stay on deportation"> LondonTopic.caArchived July 6, 2011, at the Wayback Machine
  13. ↑ "we move to canada: war resister update: matt lowell, kim rivera"
  14. ↑ Perkel, Colin (July 4, 2008). "U.S. deserter wins appeal". The Star. Toronto.
  15. ↑ "U.S. deserter wins appeal". Archived from the original on 2022-08-03. Retrieved 2008-07-05.
  16. ↑ [ permanent dead link ]
  17. ↑ [ permanent dead link ]
  18. ↑ http://www.resisters.ca/WRSCRelease_july408_jkey.pdf [ bare URL PDF ]
  19. ↑ "U.S. deserter could qualify as refugee: court". CBC News. July 4, 2008.
  20. ↑ Byrne, Ciara (June 3, 2009). "War deserter Joshua Key says he will be treated unfairly if sent back to U.S." The Canadian Press and Metro International (Vancouver). Archived from the original on June 4, 2011. Retrieved June 7, 2009.
  21. ↑ laura k (wmtc blog) (June 5, 2009). "joshua key irb hearing, part one" . Retrieved June 7, 2009.
  22. ↑ Serba, Andrew (June 3, 2009). "Hazing, persecution cited in U.S army deserter's bid to stay in Canada". NewsFIX (Toronto Community News). Archived from the original on February 24, 2012. Retrieved 2009-06-07.
  23. ↑ Joshua Key being interviewed on June 2, 2009, by Janette Luu, the host for CANOE Live, a local TV program on Sun TV in Toronto, Ontario, Canada Video on YouTube
  24. ↑ Kyonka, Nick (July 16, 2008). "Other war resisters undaunted by expulsion". Toronto Star.
  25. ↑ Lazurak, Suzanne (January 23, 2009). "Let deserters stay, activists urge". The Vancouver Province. Archived from the original on 26 August 2009. Retrieved 24 January 2009.
  26. ↑ Bellaart, Darrell (January 24, 2009). "U.S. army deserter gives up his fight to stay in Canada". Canwest News Service / Vancouver Sun. Archived from the original on November 6, 2012. Retrieved January 24, 2009.
  27. ↑ [ permanent dead link ]
  28. ↑ "Gabriola war-resister arrested at border in Washington". Nanaimo Daily News. February 5, 2009. Archived from the original on July 24, 2011. Retrieved February 10, 2009.
  29. ↑ "Soldier charged with desertion". Coastal Courier Archived February 26, 2009, at the Wayback Machine
  30. ↑ Bynum, Russ (February 26, 2009). "U.S. soldier charged with desertion after returning from Canada". Edmonton Sun. Associated Press. Archived from the original on 30 September 2022. Retrieved 3 March 2009.
  31. 1 2 "U.S. war deserter, who lived in B.C., sentenced". Montreal Gazette, Nanaimo Daily News. April 28, 2009. Archived from the original on September 28, 2022. Retrieved May 1, 2009.
  32. 1 2 "Waterloo Region News - Latest Daily Breaking News Stories". 14 July 2023.
  33. ↑ "U.S. war deserter given another stay of removal". CBC News. August 11, 2009.
  34. ↑ Corsaro, Kevin (July 16, 2008). "CBP Officers Arrest Suspect in New York Wanted for Military Desertion". US Government, Department of Homeland Security, U.S. Customs and Border Protection. Archived from the original on May 27, 2012. Retrieved January 27, 2009.
  35. 1 2 Courage to Resist – Mentally ill soldier sentenced to 8 months in stockade Archived November 18, 2009, at the Wayback Machine
  36. 1 2 Daniel Sandate. War Resisters' International
  37. 1 2 "Daniel Sandate's statement about the war in Iraq | JMBzine.com". Archived from the original on 2014-05-02. Retrieved 2009-01-23.
  38. 1 2 "OKC peace community welcomes war resister Daniel Sandate". Blue Oklahoma Archived 2009-02-06 at the Wayback Machine
  39. 1 2 Dean, Bryon (January 25, 2009). "Oklahoma soldier's choice offers a lesson". NewsOK . Retrieved 27 January 2009.
  40. ↑ "Accused U.S. deserter turned over at border". Toronto Star . December 23, 2008. Retrieved January 19, 2009.
  41. ↑ Mascolo, Georg; von Ilsemann, Siegesmund "US Military Personnel Growing Critical of the War in Iraq", Spiegel Online, January 17, 2005
  42. ↑ "Soldier who fled to Canada released by U.S. military". CBC News. October 6, 2006.
  43. 1 2 Kyonka, Nick (July 17, 2008). "American army deserter given nine months in jail". Toronto Star . Retrieved May 20, 2009.
  44. ↑ "Courage to Resist – James Burmeister" Archived January 24, 2009, at the Wayback Machine
  45. ↑ Rayment, Sean (March 12, 2006). "SAS soldier quits Army in disgust at 'illegal' American tactics in Iraq". London: The telegraph UK. Retrieved May 5, 2010.
  46. ↑ Rayment, Sean (March 12, 2006). "'I didn't join the British Army to conduct American foreign policy'". London: The Telegraph UK. Retrieved May 5, 2010.
  47. ↑ Leppard, David (October 16, 2005). "RAF officer faces jail over 'illegal war'". The Sunday Times (UK), October 16, 2005. London. Retrieved October 17, 2005.
  48. ↑ Halfpenny, Martin (March 15, 2006). "RAF doctor faces court martial over stand on Iraq". The Independent, March 15, 2006. London. Archived from the original on May 14, 2006. Retrieved March 19, 2006.
  49. ↑ "Jail for Iraq refusal RAF doctor". BBC. April 13, 2006. Retrieved May 5, 2010.
  50. ↑ "RAF doctor jailed over Iraq refusal". London: The Guardian UK. April 13, 2006. Retrieved May 5, 2010.
  51. ↑ Wilfredo Torres (November 11, 2002). "Statement of Pvt. Wilfredo Torres". Vietnam Veterans Against The War . Retrieved October 2, 2007.
  52. ↑ USA: Prisoner of conscience: Agustín Aguayo (m). Amnesty International.
  53. ↑ Zucchino, David (February 7, 2005). "Breaking Ranks to Shun War". The Los Angeles Times. Retrieved May 6, 2010.
  54. ↑ "Soldier Who Refused Iraq Duty Is Sentenced". The Los Angeles Times. July 29, 2005. Retrieved May 6, 2010.
  55. ↑ "Military Service in the United States of America: Issues of Conscience and Human Rights". War resisters' international. Retrieved March 29, 2016.
  56. ↑ Laurie Goodstein (October 13, 2006). "A Soldier Hoped to Do Good, but Was Changed by War". New York Times . Archived from the original on December 8, 2007. Retrieved October 2, 2007.
  57. ↑ Diedra Cobb (May 26, 2003). "A Military Resister's Words on Memorial Day". Vietnam Veterans Against The War . Retrieved October 2, 2007.
  58. ↑ "American Veteran: Podcast Transcript: Clifton Hicks". American Veteran. Retrieved 2022-07-29.
  59. ↑ Rogers, Rick (December 7, 2004). "Sailor opposed to Iraq war refuses to board ship". Signonsandiego.com. Archived from the original on January 1, 2007. Retrieved May 2, 2007.
  60. ↑ Weill-Greenberg, Elizabeth (March 4, 2005). "Saving Paredes". Commondreams.org. Archived from the original on June 9, 2007. Retrieved May 2, 2007.
  61. 1 2 "URGENT ACTION for Abdullad Webster".
  62. 1 2 "USA: Prisoner of conscience: Abdullah William Webster". Amnesty International. September 16, 2004. Archived from the original on February 21, 2023.
  63. ↑ Kyonka, Nick (July 17, 2008). "American army deserter given nine months in jail". The Star. Toronto.
  64. ↑ "Army Reservist Ghanim Khalil, Announces that He'll Refuse to Deploy". Citizen Soldier. Archived from the original on January 13, 2004. Retrieved October 2, 2007.
  65. ↑ The Women’s War, New York Times, March 18, 2007
  66. ↑ Lee Nichols (August 6, 2004). "Naked City". Austin Chronicle . Retrieved October 2, 2007.
  67. ↑ "USA: Prisoner of conscience: Agustín Aguayo (M)". 8 March 2007.
  68. ↑ "Courage to Resist - Resister Ryan Jackson convicted, sentenced to 100 days". Archived from the original on September 23, 2009. Retrieved January 16, 2009.
  69. ↑ "Courage to Resist - James Burmeister". Archived from the original on January 24, 2009. Retrieved January 16, 2009.
  70. ↑ Kyonka, Nick (August 23, 2008). "Iraq war resister sentenced to 15 months". The Star. Toronto.
  71. ↑ Perry, Tony (July 9, 2009). "Army deserter freed from brig in San Diego after serving 12 months". L.A. Times . Retrieved 9 July 2009.
  72. ↑ "Courage to Resist - Tony Anderson fights uphill conscientious objector battle". Archived from the original on October 15, 2008. Retrieved January 16, 2009.
  73. ↑ "CBP Officers Arrest Suspect in New York Wanted for Military Desertion…". Archived from the original on 27 May 2012.
  74. 1 2 Darrell Bellart (December 22, 2009). "Army deserter's sentence cut with aid of Canadian support". Nanaimo Daily News. Archived from the original on June 6, 2012. Retrieved January 18, 2010.
  75. ↑ [ permanent dead link ]
  76. ↑ Canadian Broadcasting Corporation (January 16, 2010). "War deserter released from U.S. prison". Canadian Broadcasting Corporation . Retrieved January 18, 2010.
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.