Name List Iraq | ||
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
- Background of Iraq War resister
- Legal and political
- 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
- 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
- Punishments given to Iraq War resisters
- References
Background of Iraq War resister
Some deserters 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 prior decision by the Canadian Cabinet, when headed by Prime Minister Pierre Trudeau, to allow draft dodgers into Canada without prosecution during the Vietnam War.
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 crime that carries a possible sentence of more than a year and subsequently be extradited back to US, pursuant to Extradition Treaty Between the United States of America and Canada. However, the government of the United States 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, 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. 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.
Objectors who remain in Canada
List from these references: 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 the Iraq war.
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 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.
Punishments given to Iraq War resisters
"***" – Was in Canada as an Iraq war resister