List of Iraq War resisters

Some soldiers of the coalition forces have refused to fight in the Iraq War. The following is a list of the more notable military personnel who have refused to serve in the Iraq War, broadly categorized by the reasons they themselves give.

Objectors who have 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.

ambox|text=LegalPursuant 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 [ [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"] ] and subsequently be extradited back to US pursuant to "Extradition Treaty Between the United States of America and Canada" [ [http://www.oas.org/JURIDICO/mla/en/traites/en_traites-ext-usa-can."Extradition Treaty Between the United States of America and Canada"] ] . 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. [ [http://www.cic.gc.ca/english/refugees/inside/apply-after.asp The refugee system: Refugee claims in Canada—After applying] ] 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. [cite book |author=Government of Canada |year=2002 |title=You Asked about... immigration and citizenship|publisher=Queen's Printer for Candaa |pages=p. 66|isbn=0662666798]

Objectors

**Brad McCall
**Darrell Anderson (Returned to US without court-martial)
**Clifford Cornell
**Joshua Key -- On July 4th, 2008, Joshua Key won a Federal Court (Canada) appeal thus forcing the Refugee board to re-examine his claim. [http://www.thestar.com/News/Canada/article/454497] [http://www.cbc.ca/cp/national/080704/n070470A.html] [http://cas-ncr-nter03.cas-satj.gc.ca/rss/IMM-5923-06%20Summary.pdf] [http://cas-ncr-nter03.cas-satj.gc.ca/rss/IMM-5923-06%20Decision.pdf] [http://www.resisters.ca/WRSCRelease_july408_jkey.pdf] The Canadian Broadcasting Corporation's July 4, 2008 coverage of the story said that there is now a possibility that he "could qualify as a refugee." [http://www.cbc.ca/canada/story/2008/07/04/refugee-ruling.html]
**Ryan Johnson [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 [http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2006/08/06/RESISTERS.TMP] 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 [http://www.kxly.com/news/?sect_rank=1&section_id=559&story_id=10523] ]
**Patrick Hart
**Jeremy Hinzman (Refugee status declined by IRB )
**Brandon Hughey (Refugee status declined by IRB )
**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....Lee Zaslofsky, a co-ordinator with the [Canadian] War Resisters Support Campaign [said] , "None of the others are in that position (so) it shouldn't really have an effect on any of them."" [cite web
url = http://www.thestar.com/Article/461025
title = Other war resisters undaunted by expulsion
date = 2008-07-16
first = Nick
last = Kyonka
publisher = Toronto Star]
**Christian Kjar
**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.” [http://www.thestar.com/News/GTA/article/457299]

**Phil McDowell
**Kimberly Rivera
** Kyle Snyder
**Dean Walcott
**Steve Yoczik
* List from : http://www.resisters.ca/resisters_stories.html

Objectors claiming the war is illegal

* Ben Griffin
* Ehren Watada
* Malcolm Kendall-Smith
*Wilfredo Torrescite web
accessdate=Oct 2|accessyear=2007
author=Wilfredo Torres
date=November 11, 2002
publisher=Vietnam Veterans Against The War
title=Statement of Pvt. Wilfredo Torres
url=http://www.vvaw.org/veteran/article/?id=343]

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.

*Abdullah William Webster (USA Amnesty International Prisoner of Conscience [http://www.amnesty.org/en/library/info/AMR51/137/2004] ) [http://www.refusingtokill.net/USGulfWar2/websterleaflet.htm]
*Agustin Aguayo (Amnesty International Prisoner of Conscience [http://www.amnesty.org/en/library/info/AMR51/041/2007/en] )
*Aidan Delgado
*Camilo Mejía
*Diedra Cobbcite web
accessdate=Oct 2|accessyear=2007
author=Diedra Cobb
date=May 26, 2003
publisher=Vietnam Veterans Against The War
title=A Military Resister's Words on Memorial Day
url=http://www.vvaw.org/veteran/article/?id=381]
*Katherine Jashinski
*Kevin Benderman
*Pablo Paredes
*Former Army interrogator Ricky Clousingcite web
accessdate=Oct 2|accessyear=2007
publisher=Seattle Draft and Military Counseling Center
title=Ricky Clousing
url=http://www.sdmcc.org/rickyclousing/] cite web
accessdate=Oct 2|accessyear=2007
author=Laurie Goodstein
date= October 13, 2006
publisher=New York Times
title=A Soldier Hoped to Do Good, but Was Changed by War
url=http://www.quakerhouse.org/clousing-02.htm]
*Stephen Funk

Punishments given to Iraq War Resisters

Other

*Carl Webbcite web
accessdate=Oct 2|accessyear=2007
author=Lee Nichols
date=AUGUST 6, 2004
publisher=Austin Chronicle
title=Naked City
url=http://www.austinchronicle.com/gyrobase/Issue/story?oid=oid%3A223124]
*David Sanderscite web
accessdate=Oct 2|accessyear=2007
author=Vince Beiser
date=August 26, 2004
publisher=LA Weekly
title=Just Deserters?
url=http://www.laweekly.com/news/news/just-deserters/1401/]
*Ghanim Khalilcite web
accessdate=Oct 2|accessyear=2007
publisher=Citizen Soldier
title=Army Reservist Ghanim Khalil, Announces that He'll Refuse to Deploy
url=http://www.citizen-soldier.org/CS03-ghanim.html]
* James Burmeister [http://www.thestar.com/article/461887]

ee also

* Legality of the Iraq War
* Legitimacy of the 2003 invasion of Iraq
* Rationale for the Iraq War
* Views on the 2003 invasion of Iraq
* List of
* Conscientious Objector
* Desertion
* Nuremberg Defense
* Nuremberg Principle IV
* The Right to Refuse to Kill

References