List of Iraq War resisters
-
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.
Objectors who fled to Canada
Background
Some objectors chose Canada as the place of refuge in part of the closeness of the US-Canada Border, entry to Canada is easy and because of the precedence set by former Prime Minister Pierre Trudeau in allowing draft dodgers into Canada without prosecution during the Vietnam War.
Legal and Political
For more on political issues and events relating to U.S. Iraq war resisters emigration to Canada, see Canada and Iraq War Resisters: Legal Landscape.
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 crime that carries a possible sentence of more than a year [1] and subsequently be extradited back to US pursuant to Extradition Treaty Between the United States of America and Canada .[2] However, the Government of the United States of America must promise those extradited will not receive death penalty in accordance with the ruling of United States v. Burns from the Supreme Court of Canada.
Because the possibilities that deserters have been issued with arrest warrant 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 which the Immigration and Refugee Board of Canada will hold a hearing and determine their claim. If refused, they can appeal to the Federal Court, Federal Court of Appeal and finally, 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 CBSA, it automatically becomes a deportation order, enforceable by any peace officer in Canada.[4]
For further legal information, see below section in See Also for Links relevant to those claiming refugee status in Canada.
Objectors who remain in Canada
-
List from these references:[5][6] and public information sourced from List of Resister Profiles at "Courage to Resist" website which gives evidence that these military personnel are refusing to participate in specifically the Iraq war.
- Justin Colby
- Dan Felushko (has dual citizenship with the U.S. and Canada)
- Patrick Hart
- Brandon Hughey (Refugee status declined by IRB )
- Peter Jemley [7]
- Ryan Johnson [8]
- Christian Kjar
- Dale Landry[9]
- Kevin Lee
- Brad McCall
- Phil McDowell
|
- Joshua Randall ( able to acquire permanent residence through spousal sponsorship)
- Tim Richard (able to acquire Canadian citizenship because his father is Canadian)
- David Sanders[10]
- Kyle Snyder
- James Stepp
- Dean Walcott
- Rodney Watson - On Aug 5, 2009 he was ordered out of Canada by Aug 10, 2009, but this was delayed to Aug. 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.[11][12]
- Chuck Wiley
|
Objectors granted a stay of deportation pending further decisions
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- 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."[9]
- Jeremy Hinzman - (see July 6, 2010 details)
- Matt Lowell (October 27, 2008 [13] and January 6, 2009 [14])
- Kimberly Rivera - On Aug 11, 2009, she was granted a new "Pre Removal Risk Assessment" hearing with a new officer [10]
Objectors granted a new IRB panel to reconsider their application for permanent legal refugee status
("IRB" is Immigration and Refugee Board of Canada)
-
Objectors who were deported from Canada, or left because of a deportation order
Objectors who had applied for legal refugee status
-
- Robin Long--On July 16, 2008, the Toronto Star reported that Robin 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."[20]
- 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.[21]
- Clifford Cornell - In January, 2009 Cornell experienced some legal events.[22][23] On Feb 4, 2009 Cornell "was arrested on Wednesday after crossing the border from Canada into Washington State." [24] On February 23, 2009, Cornell was charged with the crime of desertion with the intent to "avoid hazardous duty and shirk important service"[25][26] On April 29, 2009, Clifford was convicted of "desertion" and sentenced to one year in prison."[27] [16]
Objectors who had not applied for legal refugee status
-
- Daniel Sandate - Deported at Niagara Falls, Canada on July 16, 2008 [28] after having been in Canada for over 2 years. He was later court-martialed at Ft. Carson and given an 8-month prison sentence.[29][30] Sandate released a written statement in prison about his opposition to the war in Iraq.[31] He was released on January 20, 2009 at Ft. Sill, OK, and spoke publicly about his experience at a press conference in Oklahoma City on January 22, 2009.[32][33]
- James Ashley - On Dec 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."[34] 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 a deportation order
-
- Darrell Anderson - Returned to US without court-martial[35]
- James Burmeister - Returned to US, turned himself in to authorities, was convicted of Desertion July 16, 2008, and was sentenced to 9 months in prison.[36] He was released Oct 28, 2008, after three months and 10 days in prison.[37]
Objectors claiming the war is illegal
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- Ben Griffin - British SAS soldier who believes the war in Iraq is illegal and that the government lied about the wars conduct.[38] He was allowed to leave the army with no charges filed against him.[39]
- Malcolm Kendall-Smith - A British unit medical officer for the RAF who refused to deploy on the belief that the war was unlawful.[40][41] He was charged with and convicted of 5 counts of refusing a lawful order.[42][43] The judge in his case rejected the defense that the war was illegal, saying that the UK armed forces had full justification under United Nations resolutions to be in Iraq at the time of the charges and that a crime of aggression could not be carried out by such a junior officer.[44]
- Wilfredo Torres[45]
- Ehren Watada
Conscientious objectors
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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
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Public information sourced from List of Resister Profiles at "Courage to Resist" website which gives evidence that these military personnel are refusing to participate in specifically the Iraq war.
- A-H
- Michael Blake
- Ivan Brobeck
- Peter Brown
- Thomas Buanomo
- James Burmeister[55]
- Chris Capps
- Eugen Cherry
- James Circello
- Travis Clark
- Justin Cliburn
- Pedro Fortunato "Kelso"
- Joshua Despain
- Jessica Faustner
- Brad Gaskins
- Chris Gorman
- Abdul Henderson
- Derek Hess
- Clifton Hicks
- Kevin Hicks
|
- I-N
- Eleonai 'Eli' Israel
- Terri Johnson
- Ghanim Khalil[56]
- Mohisin Khan
- Joel Klemkewicz
- Vincent LaVolpa
- Blake LeMoine
- John Brian Lyman
- Chris Magaoay
- Devon Marsh
- Corey Martin
- Jimmy Massey
- Melanie McPherson
- Matt Mishler
- Linjamin Mull
|
- O-Z
- Perry O'Brian
- Ralph Padula
- Korey Rowe
- André Shepherd
- Ross Spears
- Michael Sudbury
- Suzanne Swift[57]
- Ronnie Tallman
- Harvey Tharp
- Marc Train
- Jose Vasquez
- Hart Viges
- Carl Webb[58]
- Jason Webb
- Mark Wilkerson
|
Punishments given to Iraq War Resisters
-
War Resister |
Country |
Date Convicted |
Convicted of |
Sentence |
Actual Prison Time |
Stephen Funk |
US |
Sep. 6, 2003 |
”Unauthorized Absence” |
6 months |
6 months |
Camilo Mejia |
US |
May 21, 2004 |
”Desertion” |
12 months |
9 months |
Abdullah William Webster [17]
( Amnesty International “Prisoner of Conscience” [18])
|
US |
Jun. 3, 2004 |
”failing to obey commands from superior
and missing brigade’s movements”
|
14 months |
11 months |
Kevin Benderman |
US |
Jul. 2005 |
”Missing Movement by Design,” “Desertion with Intent to Avoid Hazardous Duty” |
15 months |
13 months |
Malcolm Kendall-Smith |
UK |
Apr. 13, 2006 |
”Refusal to obey a legal order” |
8 months plus fine, etc. |
2 months plus other penalties |
Agustin Aguayo
( Amnesty International "Prisoner of Conscience"[19])
|
US |
Mar. 6, 2007 |
”Desertion” |
|
7 months |
Ryan Jackson [20] |
US |
May 30, 2008 |
”Desertion” |
100 days |
|
***James Burmeister [36]
(Returned to the US without being given a deportation order.)
|
US |
Jul. 16, 2008 |
”Desertion” |
9 months |
3 months and 10 days [21] |
***Robin Long [22]
(Applied for legal status, but was given a deportation order)
|
US |
Aug. 22, 2008 |
"Desertion with the intent to stay away permanently" |
15 months |
12 months[59] |
Tony Anderson [23] |
US |
Nov. 17, 2008 |
"Desertion" |
14 months |
|
***Daniel Sandate (imprisonment began July 16, 2008; ended January 20, 2009) [29][30][31][32][33][60]
(Did not apply for legal status; was deported)
|
US |
Nov. 17, 2008 |
"Desertion" |
8 months |
6 months |
***Clifford Cornell [27] [24]
(Applied for legal status, but was given a deportation order)
|
US |
Apr. 29, 2009 |
"Desertion" |
one year, later reduced to 11 months[61][62] |
11 months (Released Jan 16, 2010)[61][63] |
"***" - Was in Canada as an Iraq war resister
See also
|
- Links relevant to those claiming refugee status in Canada
|
- Decision-makers in Jeremy Hinzman's experience with the Canadian Legal System
|
References
- ^ Treaty between the Government of Canada and the Government of the United States of America on Mutual Legal assistance in Criminal Matters
- ^ Extradition Treaty Between the United States of America and Canada
- ^ The refugee system: Refugee claims in Canada—After applying
- ^ Government of Canada (2002). You Asked about ... immigration and citizenship. Queen's Printer for Candaa. p. 66. ISBN 0-662-66679-8.
- ^ War Resisters Support Campaign webpage|http://www.resisters.ca/resisters_stories.html
- ^ Now (magazine) January 8–14, 2009, pg 6
- ^ Shephard, Michelle (September 6, 2008). "U.S. deserter feared torture orders". Toronto Star. http://www.thestar.com/News/Canada/article/491933. Retrieved 26 January 2009.
- ^ Johnson states that he went AWOL in 2004 because he felt misled by recruiters and he considers the war illegal. Sources: May, Meredith. San Francisco Chronicle, August 26, 2006 [1] Brown, Richard. "AWOL in Canada: Man [Ryan Johnson] is convinced he made the right decision, but others disagree" KXLY4 (Spokane, Wash.) report on Johnson, April 27, 2007 [2]
- ^ Newspaper
- ^ Vince Beiser (August 26, 2004). "Just Deserters?". LA Weekly. http://www.laweekly.com/news/news/just-deserters/1401/. Retrieved October 2, 2007.
- ^ Camille Bains (October 19, 2099). "US war resister first to take sanctuary in Canada after being ordered deported". Canadian Press. http://www.google.com/hostednews/canadianpress/article/ALeqM5g4u3erHOTdisBYZHtCh4ZTKJXwww. Retrieved 2009-11-10.
- ^ Canadian Broadcasting Corporation (October 19, 2009). "War resister takes refuge in Vancouver church". Canadian Broadcasting Corporation. http://www.cbc.ca/canada/british-columbia/story/2009/10/19/bc-rodney-watson-war-resister.html. Retrieved 2009-11-10.
- ^ London war resister Lowell gets stay on deportation - LondonTopic.ca
- ^ we move to canada: war resister update: matt lowell, kim rivera
- ^ "U.S. deserter could qualify as refugee: court". CBC News. 2008-07-04. http://www.cbc.ca/canada/story/2008/07/04/refugee-ruling.html.
- ^ 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). http://www.metronews.ca/vancouver/canada/article/239500--deserter-tells-immigration-hearing-he-will-be-treated-harshly-if-sent-back-to-u-s. Retrieved June 7, 2009.
- ^ laura k (wmtc blog) (June 5, 2009). "joshua key irb hearing, part one". http://wmtc.blogspot.com/2009/06/joshua-key-irb-hearing-part-one.html. Retrieved 2009-06-07.
- ^ Serba, Andrew (June 3, 2009). "Hazing, persecution cited in U.S army deserter’s bid to stay in Canada". NewsFIX (Toronto Community News). http://newsfix.ca/2009/06/03/hazing-persecution-cited-in-us-army-deserters-bid-to-stay-in-canada/. Retrieved 2009-06-07.
- ^ 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 [3]
- ^ Kyonka, Nick (2008-07-16). "Other war resisters undaunted by expulsion". Toronto Star. http://www.thestar.com/Article/461025.
- ^ Lazurak, Suzanne (January 23, 2009). "Let deserters stay, activists urge". The Vancouver Province. http://www.canada.com/theprovince/news/story.html?id=9377a058-6b3e-43a7-92dd-104277b05c7d. Retrieved 24 January 2009.
- ^ Bellaart, Darrell (January 24, 2009). "U.S. army deserter gives up his fight to stay in Canada". Canwest News Service / Vancouver Sun. http://www.canada.com/vancouversun/news/westcoastnews/story.html?id=1c42fc5c-da93-4b17-87c4-25c593d29f2b&k=97564. Retrieved 24 January 2009.
- ^ [4]
- ^ "Gabriola war-resister arrested at border in Washington". Nanaimo Daily News. February 5, 2009. http://www2.canada.com/nanaimodailynews/news/story.html?id=c74e9d3c-3582-43e8-b34e-352f4e25d473. Retrieved February 10, 2009.
- ^ [Coastal Courier "Soldier charged with desertion" |http://www.coastalcourier.com/news/article/11930/]
- ^ Bynum, Russ (February 26, 2009). "U.S. soldier charged with desertion after returning from Canada". The Associated Press (also Sun News Canada). http://www.edmontonsun.com/News/Canada/2009/02/26/8548746.html. Retrieved 3 March 2009.
- ^ a b "U.S. war deserter, who lived in B.C., sentenced". Montreal Gazette, Nanaimo Daily News. April 28, 2009. http://www.montrealgazette.com/deserter+lived+sentenced/1543339/story.html. Retrieved May 1, 2009.
- ^ Corsaro, Kevin (July 16, 2008). "CBP Officers Arrest Suspect in New York Wanted for Military Desertion". USA Government, Department of Homeland Security, U.S. Customs and Border Protection (CBP). http://www.cbp.gov/xp/cgov/newsroom/news_releases/archives/2008_news_releases/july_2008/07162008_8.xml. Retrieved 27 January 2009.
- ^ a b Courage to Resist - Mentally ill soldier sentenced to 8 months in stockade
- ^ a b Daniel Sandate | War Resisters' International
- ^ a b [5]
- ^ a b blue oklahoma:: OKC peace community welcomes war resister Daniel Sandate
- ^ a b Dean, Bryon (Jan 25, 2009). "Oklahoma soldier's choice offers a lesson". NewsOK, powered by The Oklahoman. http://newsok.com/oklahoma-soldiers-choice-offers-a-lesson/article/3340551. Retrieved 27 January 2009.
- ^ "Accused U.S. deserter turned over at border". Toronto Star. December 23, 2008. http://www.thestar.com/News/World/article/557971. Retrieved 19 January 2009.
- ^ cite needed
- ^ a b Kyonka, Nick (July 17, 2008). "American army deserter given nine months in jail". Toronto Star. http://www.thestar.com/article/461887. Retrieved May 20, 2009.
- ^ Courage to Resist - James Burmeister
- ^ Rayment, Sean (12 Mar 2006). "SAS soldier quits Army in disgust at 'illegal' American tactics in Iraq". London: The telegraph UK. http://www.telegraph.co.uk/news/uknews/1512769/SAS-soldier-quits-Army-in-disgust-at-illegal-American-tactics-in-Iraq.html. Retrieved 5 May 2010.
- ^ Rayment, Sean (12 Mar 2006). "'I didn't join the British Army to conduct American foreign policy'". London: The Telegraph UK. http://www.telegraph.co.uk/news/uknews/1512767/I-didnt-join-the-British-Army-to-conduct-American-foreign-policy.html. Retrieved 5 May 2010.
- ^ Leppard, David (October 16, 2005). "RAF officer faces jail over ‘illegal war’". The Sunday Times (UK), 16 October 2005 (London). http://www.timesonline.co.uk/tol/news/uk/article579062.ece. Retrieved 17 October 2005.
- ^ Halfpenny, Martin (March 15, 2006). "RAF doctor faces court martial over stand on Iraq". The Independent, 15 March 2006 (London). http://news.independent.co.uk/uk/legal/article351482.ece. Retrieved 19 March 2006.
- ^ "Jail for Iraq refusal RAF doctor". BBC. 13 April 2006. http://news.bbc.co.uk/2/hi/uk_news/4905672.stm. Retrieved 5 May 2010.
- ^ "RAF doctor jailed over Iraq refusal". London: The Guardian UK. 13 April 2006. http://www.guardian.co.uk/uk/2006/apr/13/military.iraq. Retrieved 5 May 2010.
- ^ "RAF doctor must face Iraq court martial". London: Daily Mail Online. 22 March 2006. http://www.dailymail.co.uk/news/article-380677/RAF-doctor-face-Iraq-court-martial.html. Retrieved 5 May 2010.
- ^ Wilfredo Torres (November 11, 2002). "Statement of Pvt. Wilfredo Torres". Vietnam Veterans Against The War. http://www.vvaw.org/veteran/article/?id=343. Retrieved October 2, 2007.
- ^ USA: Prisoner of conscience: Agustín Aguayo (m) | Amnesty International
- ^ Zucchino, David (February 7, 2005). "Breaking Ranks to Shun War". The Los Angeles Times. http://articles.latimes.com/2005/feb/07/nation/na-objector7. Retrieved 6 May 2010.
- ^ "Soldier Who Refused Iraq Duty Is Sentenced". The Los Angeles Times. July 29, 2005. http://articles.latimes.com/2005/jul/29/nation/na-briefs29.3. Retrieved 6 May 2010.
- ^ "Ricky Clousing". Seattle Draft and Military Counseling Center. http://www.sdmcc.org/rickyclousing/. Retrieved October 2, 2007.
- ^ Laurie Goodstein (October 13, 2006). "A Soldier Hoped to Do Good, but Was Changed by War". New York Times. http://www.quakerhouse.org/clousing-02.htm. Retrieved October 2, 2007.
- ^ Diedra Cobb (May 26, 2003). "A Military Resister's Words on Memorial Day". Vietnam Veterans Against The War. http://www.vvaw.org/veteran/article/?id=381. Retrieved October 2, 2007.
- ^ About « Contagious Love Experiment
- ^ USA: Prisoner of conscience: Abdullah William Webster | Amnesty International
- ^ Support Sue and Abdullah Webster punished for refusing to kill in Iraq
- ^ Kyonka, Nick (July 17, 2008). "American army deserter given nine months in jail". The Star (Toronto). http://www.thestar.com/article/461887.
- ^ "Army Reservist Ghanim Khalil, Announces that He'll Refuse to Deploy". Citizen Soldier. http://www.citizen-soldier.org/CS03-ghanim.html. Retrieved October 2, 2007.
- ^ The Women’s War, New York Times, March 18, 2007
- ^ Lee Nichols (August 6, 2004). "Naked City". Austin Chronicle. http://www.austinchronicle.com/gyrobase/Issue/story?oid=oid%3A223124. Retrieved October 2, 2007.
- ^ Perry, Tony (July 9, 2009). "Army deserter freed from brig in San Diego after serving 12 months". L.A. Times. http://latimesblogs.latimes.com/lanow/2009/07/army-deserter-freed-from-brig-in-san-diego-after-serving-12-months.html. Retrieved 9 July 2009.
- ^ [6]
- ^ a b Darrell Bellart (December 22, 2009). "Army deserter's sentence cut with aid of Canadian support". Nanaimo Daily News. http://www2.canada.com/nanaimodailynews/news/story.html?id=7519ea2c-ecbe-4c43-b5ea-56707fe8d2fa. Retrieved 2010-01-18.
- ^ [7]
- ^ Canadian Broadcasting Corporation (January 16, 2010). "War deserter released from U.S. prison". Canadian Broadcasting Corporation. http://www.cbc.ca/politics/story/2010/01/16/cliff-cornell.html. Retrieved 2010-01-18.
External links