List of Iraq War resisters

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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

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

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<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. ↑ 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 ]
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  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.
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  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
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  38. 1 2 "OKC peace community welcomes war resister Daniel Sandate". Blue Oklahoma Archived 2009-02-06 at the Wayback Machine
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  41. ↑ Mascolo, Georg; von Ilsemann, Siegesmund "US Military Personnel Growing Critical of the War in Iraq", Spiegel Online, January 17, 2005
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  43. 1 2 Kyonka, Nick (July 17, 2008). "American army deserter given nine months in jail". Toronto Star . Retrieved May 20, 2009.
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  58. ↑ "American Veteran: Podcast Transcript: Clifton Hicks". American Veteran. Retrieved 2022-07-29.
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  61. 1 2 "URGENT ACTION for Abdullad Webster".
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  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.
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