Jeremy Hinzman

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Jeremy Hinzman at a 2008 speaking engagement.
Jeremy Hinzman at a 2008 speaking engagement.

Jeremy Dean Hinzman (born in 1979 in Rapid City, South Dakota and raised by his grandparents on San Marco Blvd) is a United States Army private from the 82nd Airborne Division in Fort Bragg, North Carolina. In January of 2004, he fled the United States as one of nine American deserters openly seeking refugee status in Canada with his wife, Nga Thi Ngyuen, and son, Liam Liem Nguye Hinzman.

On March 24, 2005 the Immigration and Refugee Board rejected Hinzman's claim, determining that he was not a conscientious objector and was thus ineligible for refugee status. He and his lawyers subsequently appealed to the Federal Court, Federal Court of Appeal and finally, Supreme Court of Canada, all of which failed. Hinzman current faces the prospect of immediate deportation from Canada and extradition to U.S. military custody.

He is currently a member of the War Resisters Support Campaign.

Contents

[edit] Military Service

Hinzman joined the military early in 2001, completing basic combat training and airborne school in Fort Benning, Georgia. Along with his wife, Nga Nguyen, he began attending meetings of the Religious Society of Friends in January 2002. His newfound pacifist beliefs and the birth of his son, Liam, in May 2002, were among the reasons he cited for applying for conscientious objector status in August 2002.

His unit was deployed to take part in the war in Afghanistan later in 2002. Hinzman fulfilled a non-combat role there while his conscientious objector application was being processed. It was ultimately denied, and he then returned to his regular unit, serving as its armorer. When his unit received orders to join in the Iraq War, Hinzman deserted, crossing the border into Canada with his wife and son.

[edit] Life in Canada

He filed a refugee claim upon his arrival in Canada, in January 2004. He is one of six soldiers actively seeking refugee status in Canada after deserting the United States military out of opposition to the Iraq conflict. The Canadian federal government challenged their case, stating that Hinzman "does not fit the criterion for status refugees."[citation needed]

Hinzman's hearing was held from December 6 to December 8, 2004, making it the first of the six similar refugee applications that have surfaced thus far. A major argument made by Hinzman and his attorney, Jeffry House, is that the war in Iraq constituted a violation of international law, and that the subsequent occupation violated international human rights, as specified by the Geneva Convention. Failure to refuse orders to engage in such illegal activities, they argued, would be a clear breach of the Nuremberg Tribunal, turning Hinzman into a potential war criminal. Before the hearing started, however, the Immigration and Refugee Board of Canada ruled that the legality or illegality of the war could not be used as an admissible argument in Hinzman's hearing.

Pending the ruling, Hinzman and his family continued to live in Toronto, Ontario. Hinzman, along with fellow deserter Brandon Hughey, has become a popular figure in the anti-war movement. He occasionally travels to other Canadian cities to speak on campuses and at peace rallies. Hinzman has also drawn the ire of many in both Canada and the United States, being labelled a traitor, a coward, and a parasite. During his hearing, Hinzman stated that he has received death threats from some American citizens.

On March 24, 2005, an immigration panel determined that he was not a conscientious objector and was thus ineligible for refugee status. Jeffry House, his lawyer, described it "disappointing" and said Hinzmann may appeal. Failing this, he faces imprisonment if deported to the United States. On May 15, Amnesty International said they considered Hinzman to have taken reasonable steps to register as a conscientious objector.

When he is ultimately deported, he faces court martial in the US Army. And if the Army pursues a general court-martial, he could be sentenced to punishment of up to five years in prison and a dishonorable discharge for the crime of "desertion with intent to avoid hazardous duty or to shirk important service." Amnesty said they would consider him a prisoner of conscience if he were imprisoned.

The March 31, 2006 decision by the Federal Court dismissed Hinzman's judicial review of the Immigration and Refugee Board's decision of the previous year.[1] Hinzman's case has been granted leave to appeal to the Canadian Federal Court of Appeal and further to the Supreme Court of Canada. On November 15, 2007, the Supreme Court refused to hear his case, effectively upholding the decision of the Immigration and Refugee Board ruling.[2] Hinzman currently can be deported from Canada and returned to U.S. military custody at any time.

[edit] Arguments

See also: Background and legal information

It has been widely argued that Hinzman is not a prisoner of conscience because he has not been persecuted for his claimed new-found beliefs. In the United States military, desertion is a crime, specifically a federal offense under Article 85 of the Uniform Code of Military Justice, despite his claimed motivation. Hinzman's application for conscientious objector status was denied due to the fact that he was known to have made statements to the effect that he would consider participating in certain types of defensive actions. Conscientious objector status is only granted to those in the US military who object to all warfare, not to military personnel who would selectively choose to participate in combat activities which are to their liking.

Hinzman enlisted voluntarily in the Army, volunteered for infantry, and further volunteered for airborne, a series of conscious decisions on Hinzman's part which would practically guarantee combat duty. These circumstances cause critics to be skeptical as to the sincerity of Hinzman's recent claims to being a conscientious objector. Such critics have suggested that, if Hinzman were sincere in his beliefs, he would return to the United States voluntarily and accept whatever consequences his beliefs might bring about.

[edit] Notes

  1. ^ Federal Court - Cour fédérale (Canada)
  2. ^ SCC won't hear refugee appeals of U.S. deserters

[edit] References

[edit] External links