List of Iraq War resisters explained

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 moved to Canada

See main article: Iraq War resisters in Canada.

Legal and political

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

Objectors granted stay of deportation pending further decisions

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

Objectors who had applied for legal refugee status

Objectors who had not applied for legal refugee status

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 FunkUnited StatesSep 6, 2003Unauthorized absence6 months6 months
Camilo MejiaUnited StatesMay 21, 2004Desertion12 months9 months
Abdullah William Webster[64] (Amnesty International prisoner of conscience[65])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-SmithUnited KingdomApr 13, 2006Refusal to obey a legal order8 months plus fine, etc.2 months plus other penalties
Agustin Aguayo(Amnesty International prisoner of conscience[66])United StatesMar 6, 2007Desertion7 months
Ryan Jackson[67] United StatesMay 30, 2008Desertion100 days
      • James Burmeister

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

United StatesJul 16, 2008Desertion9 months3 months and 10 days[68]

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

United StatesAug 22, 2008Desertion with the intent to stay away permanently15 months12 months[70]
Tony Anderson[71] United StatesNov 17, 2008Desertion14 months
      • Daniel Sandate (imprisonment began July 16, 2008; ended January 20, 2009)[72]

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

United StatesNov 17, 2008Desertion8 months6 months
      • Clifford Cornell

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

United StatesApr 29, 2009Desertionone year, later reduced to 11 months[73] [74] 11 months (Released January 16, 2010)[75]

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

See also

General

External links

Notes and References

  1. http://www.lexum.umontreal.ca/ca_us/en/cts.1990.19.en.html "Treaty between the Government of Canada and the Government of the United States of America on Mutual Legal assistance in Criminal Matters"
  2. Web site: Extradition Treaty Between the United States of America and Canada . 2021-02-16 . 2021-05-08 . https://web.archive.org/web/20210508052839/https://web.oas.org/mla/en/Treaties_B/can_ext_bil_usa3_en.pdf . dead .
  3. http://www.cic.gc.ca/english/refugees/inside/apply-after.asp The refugee system: Refugee claims in Canada – after applying
  4. Book: Government of Canada . 2002 . You Asked about ... immigration and citizenship. Queen's Printer for Canada . 66. 0-662-66679-8.
  5. News: Michelle . Shephard. U.S. deserter feared torture orders. September 6, 2008. . January 26, 2009.
  6. https://archive.today/20120527054521/http://www.simcoereformer.ca/ArticleDisplay.aspx?e=1211212 Newspaper
  7. Web site: October 2, 2007 . Vince Beiser . August 26, 2004 . . Just Deserters? . dead . https://web.archive.org/web/20071219212316/http://www.laweekly.com/news/news/just-deserters/1401/ . December 19, 2007.
  8. Web site: News1130 . https://web.archive.org/web/20120224074630/http://www.news1130.com/news/local/more.jsp?content=20090810_112524_10032 . February 24, 2012 . 2009-09-03 . dead.
  9. Web site: US war resister first to take sanctuary in Canada after being ordered deported . The Hook . Camille Bains-->. October 20, 2009 . Canadian Press. February 16, 2021 .
  10. News: War resister takes refuge in Vancouver church . Canadian Broadcasting Corporation . Canadian Broadcasting Corporation . October 19, 2009. Canadian Broadcasting Corporation. November 10, 2009.
  11. News: War resister's deportation on hold . Toronto . The Star . Nick . Kyonka . July 9, 2008.
  12. http://www.londontopic.ca/article.php?artid=11428 "London war resister Lowell gets stay on deportation"
  13. http://wmtc.blogspot.com/2009/01/war-resister-update-matt-lowell-kim.html "we move to canada: war resister update: matt lowell, kim rivera"
  14. News: U.S. deserter wins appeal . Toronto . The Star . Colin . Perkel . July 4, 2008.
  15. News: U.S. deserter wins appeal . 2008-07-05 . 2022-08-03 . https://web.archive.org/web/20220803101445/https://www.cbc.ca/cp/national/080704/n070470A.html . dead .
  16. http://cas-ncr-nter03.cas-satj.gc.ca/rss/IMM-5923-06%20Summary.pdf
  17. http://cas-ncr-nter03.cas-satj.gc.ca/rss/IMM-5923-06%20Decision.pdf
  18. http://www.resisters.ca/WRSCRelease_july408_jkey.pdf
  19. News: U.S. deserter could qualify as refugee: court . July 4, 2008 . CBC News.
  20. News: Ciara . Byrne . War deserter Joshua Key says he will be treated unfairly if sent back to U.S. . The Canadian Press and Metro International (Vancouver) . June 3, 2009 . June 7, 2009 . dead . https://web.archive.org/web/20110604214934/http://www.metronews.ca/vancouver/canada/article/239500--deserter-tells-immigration-hearing-he-will-be-treated-harshly-if-sent-back-to-u-s . June 4, 2011 .
  21. Web site: joshua key irb hearing, part one . laura k (wmtc blog). June 5, 2009 . June 7, 2009.
  22. Web site: Andrew. Serba. Hazing, persecution cited in U.S army deserter's bid to stay in Canada. https://web.archive.org/web/20120224103901/http://newsfix.ca/2009/06/03/hazing-persecution-cited-in-us-army-deserters-bid-to-stay-in-canada/. dead. February 24, 2012. NewsFIX (Toronto Community News). June 3, 2009. 2009-06-07.
  23. News: Other war resisters undaunted by expulsion . July 16, 2008 . Nick . Kyonka . Toronto Star.
  24. News: Suzanne . Lazurak . Let deserters stay, activists urge . . January 23, 2009 . 24 January 2009 . dead . https://web.archive.org/web/20090826031418/http://www.canada.com/theprovince/news/story.html?id=9377a058-6b3e-43a7-92dd-104277b05c7d . 26 August 2009 .
  25. News: Darrell. Bellaart. U.S. army deserter gives up his fight to stay in Canada. January 24, 2009. Canwest News Service / Vancouver Sun. January 24, 2009. dead. https://web.archive.org/web/20121106024045/http://www.canada.com/vancouversun/news/westcoastnews/story.html?id=1c42fc5c-da93-4b17-87c4-25c593d29f2b&k=97564. November 6, 2012.
  26. http://www.bclocalnews.com/vancouver_island_central/nanaimonewsbulletin/news/38565804.html
  27. News: Gabriola war-resister arrested at border in Washington. February 5, 2009. Nanaimo Daily News. February 10, 2009. dead. https://web.archive.org/web/20110724075149/http://www2.canada.com/nanaimodailynews/news/story.html?id=c74e9d3c-3582-43e8-b34e-352f4e25d473. July 24, 2011.
  28. http://www.coastalcourier.com/news/article/11930/ "Soldier charged with desertion"
  29. News: Russ . Bynum . U.S. soldier charged with desertion after returning from Canada . Associated Press . Edmonton Sun . February 26, 2009 . 3 March 2009 . 30 September 2022 . https://web.archive.org/web/20220930190259/https://edmontonsun.com/News/Canada/2009/02/26/8548746.html . dead .
  30. News: U.S. war deserter, who lived in B.C., sentenced . Montreal Gazette, Nanaimo Daily News . April 28, 2009 . May 1, 2009 . September 28, 2022 . https://web.archive.org/web/20220928123518/https://montrealgazette.com/deserter+lived+sentenced/1543339/story.html . dead .
  31. Web site: Waterloo Region News - Latest Daily Breaking News Stories. 14 July 2023 .
  32. News: U.S. war deserter given another stay of removal . CBC News . August 11, 2009.
  33. News: Kevin . Corsaro . CBP Officers Arrest Suspect in New York Wanted for Military Desertion . July 16, 2008 . US Government, Department of Homeland Security, U.S. Customs and Border Protection . January 27, 2009 . https://archive.today/20120527054531/http://www.cbp.gov/xp/cgov/newsroom/news_releases/archives/2008_news_releases/july_2008/07162008_8.xml . dead . May 27, 2012 .
  34. http://www.couragetoresist.org/x/content/view/639/27/ Courage to Resist – Mentally ill soldier sentenced to 8 months in stockade
  35. http://www.wri-irg.org/node/5853 Daniel Sandate
  36. Web site: Daniel Sandate's statement about the war in Iraq | JMBzine.com . 2009-01-23 . 2014-05-02 . https://web.archive.org/web/20140502003515/http://www.jmbzine.com/2009/01/08/daniel-sandates-statement-about-the-war-in-iraq/ . dead .
  37. http://www.blueoklahoma.org/showDiary.do?diaryId=473 "OKC peace community welcomes war resister Daniel Sandate"
  38. News: Bryon. Dean. Oklahoma soldier's choice offers a lesson . January 25, 2009. NewsOK. 27 January 2009.
  39. News: Accused U.S. deserter turned over at border. Toronto Star. December 23, 2008. January 19, 2009.
  40. Mascolo, Georg; von Ilsemann, Siegesmund "US Military Personnel Growing Critical of the War in Iraq", Spiegel Online, January 17, 2005
  41. News: Soldier who fled to Canada released by U.S. military. CBC News. October 6, 2006.
  42. News: Nick . Kyonka . American army deserter given nine months in jail . Toronto Star. July 17, 2008 . May 20, 2009.
  43. http://www.couragetoresist.org/x/content/blogcategory/50/103/ "Courage to Resist – James Burmeister"
  44. News: SAS soldier quits Army in disgust at 'illegal' American tactics in Iraq. Rayment. Sean . March 12, 2006 . The telegraph UK. May 5, 2010 . London.
  45. News: 'I didn't join the British Army to conduct American foreign policy'. Rayment. Sean . March 12, 2006 . The Telegraph UK. May 5, 2010 . London.
  46. News: RAF officer faces jail over 'illegal war'. The Sunday Times (UK), October 16, 2005. October 17, 2005 . London . David . Leppard . October 16, 2005.
  47. News: RAF doctor faces court martial over stand on Iraq . The Independent, March 15, 2006 . March 19, 2006 . London . Martin . Halfpenny . March 15, 2006 . dead . https://web.archive.org/web/20060514194323/http://news.independent.co.uk/uk/legal/article351482.ece . May 14, 2006 .
  48. News: Jail for Iraq refusal RAF doctor . April 13, 2006. BBC. May 5, 2010.
  49. News: RAF doctor jailed over Iraq refusal. April 13, 2006. The Guardian UK. May 5, 2010 . London.
  50. Web site: October 2, 2007. Wilfredo Torres. November 11, 2002. Vietnam Veterans Against The War. Statement of Pvt. Wilfredo Torres.
  51. https://www.amnesty.org/en/library/info/AMR51/041/2007/en USA: Prisoner of conscience: Agustín Aguayo (m)
  52. News: Breaking Ranks to Shun War . Zucchino. David . February 7, 2005. The Los Angeles Times. May 6, 2010.
  53. News: Soldier Who Refused Iraq Duty Is Sentenced. July 29, 2005. The Los Angeles Times. May 6, 2010.
  54. Web site: Military Service in the United States of America: Issues of Conscience and Human Rights. War resisters' international. March 29, 2016.
  55. Web site: October 2, 2007 . Laurie Goodstein . October 13, 2006 . . A Soldier Hoped to Do Good, but Was Changed by War . dead . https://web.archive.org/web/20071208023824/http://www.quakerhouse.org/clousing-02.htm . December 8, 2007.
  56. Web site: October 2, 2007. Diedra Cobb. May 26, 2003. Vietnam Veterans Against The War. A Military Resister's Words on Memorial Day.
  57. Web site: American Veteran: Podcast Transcript: Clifton Hicks . 2022-07-29 . American Veteran . en.
  58. Web site: Sailor opposed to Iraq war refuses to board ship . Rogers . Rick . December 7, 2004 . May 2, 2007 . Signonsandiego.com . dead . https://web.archive.org/web/20070101041113/http://www.signonsandiego.com/news/northcounty/20041207-9999-7m7paredes.html . January 1, 2007 .
  59. Web site: Saving Paredes . Weill-Greenberg . Elizabeth . March 4, 2005 . May 2, 2007 . Commondreams.org . dead . https://web.archive.org/web/20070609081918/http://www.commondreams.org/views05/0304-22.htm . June 9, 2007 .
  60. News: American army deserter given nine months in jail . Toronto . The Star . Nick . Kyonka . July 17, 2008.
  61. Web site: October 2, 2007. Citizen Soldier. Army Reservist Ghanim Khalil, Announces that He'll Refuse to Deploy. dead. http://webarchive.loc.gov/all/20040113091747/http://www.citizen-soldier.org/CS03-ghanim.html. January 13, 2004.
  62. https://www.nytimes.com/2007/03/18/magazine/18cover.html?_r=1 The Women’s War
  63. Web site: October 2, 2007. Lee Nichols. August 6, 2004. Austin Chronicle. Naked City.
  64. Web site: URGENT ACTION for Abdullad Webster.
  65. Web site: USA: Prisoner of conscience: Abdullah William Webster . September 16, 2004 . . https://web.archive.org/web/20230221075000/https://www.amnesty.org/en/documents/amr51/137/2004/en/ . February 21, 2023 .
  66. Web site: USA: Prisoner of conscience: Agustín Aguayo (M). 8 March 2007 .
  67. Web site: Courage to Resist - Resister Ryan Jackson convicted, sentenced to 100 days . January 16, 2009 . dead . https://web.archive.org/web/20090923221125/http://www.couragetoresist.org/x/content/view/593 . September 23, 2009 .
  68. Web site: Courage to Resist - James Burmeister . January 16, 2009 . dead . https://web.archive.org/web/20090124192005/http://www.couragetoresist.org/x/content/blogcategory/50/103/ . January 24, 2009 .
  69. News: Iraq war resister sentenced to 15 months . Toronto . The Star . Nick . Kyonka . August 23, 2008.
  70. News: Tony . Perry. Army deserter freed from brig in San Diego after serving 12 months. L.A. Times. July 9, 2009. 9 July 2009.
  71. Web site: Courage to Resist - Tony Anderson fights uphill conscientious objector battle . January 16, 2009 . dead . https://web.archive.org/web/20081015054856/http://www.couragetoresist.org/x/content/view/624/1/ . October 15, 2008 .
  72. Web site: CBP Officers Arrest Suspect in New York Wanted for Military Desertion… . https://archive.today/20120527054531/http://www.cbp.gov/xp/cgov/newsroom/news_releases/archives/2008_news_releases/july_2008/07162008_8.xml . 27 May 2012 . dead.
  73. Web site: Army deserter's sentence cut with aid of Canadian support . https://web.archive.org/web/20120606153106/http://www2.canada.com/nanaimodailynews/news/story.html?id=7519ea2c-ecbe-4c43-b5ea-56707fe8d2fa . dead . June 6, 2012 . Darrell Bellart . December 22, 2009 . Nanaimo Daily News . January 18, 2010 .
  74. http://www.bclocalnews.com/vancouver_island_central/nanaimonewsbulletin/news/79871757.html
  75. News: War deserter released from U.S. prison . Canadian Broadcasting Corporation . Canadian Broadcasting Corporation . January 16, 2010 . Canadian Broadcasting Corporation. January 18, 2010.