List of Iraq War resisters - AbsoluteAstronomy.com

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.

Background

Some objectors chose Canada

Canada

Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...

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

Pierre Trudeau

Joseph Philippe Pierre Yves Elliott Trudeau, , usually known as Pierre Trudeau or Pierre Elliott Trudeau, was the 15th Prime Minister of Canada from April 20, 1968 to June 4, 1979, and again from March 3, 1980 to June 30, 1984.Trudeau began his political career campaigning for socialist ideals,...

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
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 of America

United States

The United States of America is a federal constitutional republic comprising fifty states and a federal district...

must promise those extradited will not receive death penalty in accordance with the ruling of United States v. Burns

United States v. Burns

United States v. Burns [2001] 1 S.C.R. 283, 2001 SCC 7, was a decision by the Supreme Court of Canada in which it was found that extradition of individuals to places where they may face the death penalty is a breach of fundamental justice under section 7 of the Canadian Charter of Rights and Freedoms...

from the Supreme Court of Canada

Supreme Court of Canada

The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...

.

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

Immigration and Refugee Board of Canada

The Immigration and Refugee Board of Canada is an independent administrative tribunal. The IRB is responsible for applying the Canadian federal Immigration and Refugee Protection Act and for making decisions on immigration and refugee matters...

will hold a hearing and determine their claim. If refused, they can appeal to the Federal Court

Federal Court (Canada)

The Federal Court is a Canadian trial court that hears cases arising under certain areas of federal law. The Federal Court is a superior court with nationwide jurisdiction...

, Federal Court of Appeal and finally, Supreme Court of Canada

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 CBSA

Canada Border Services Agency

The Canada Border Services Agency is a federal law enforcement agency that is responsible for border enforcement, immigration enforcement and customs services....

, it automatically becomes a deportation order, enforceable by any peace officer in Canada.

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: 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
Immigration and Refugee Board of Canada
The Immigration and Refugee Board of Canada is an independent administrative tribunal. The IRB is responsible for applying the Canadian federal Immigration and Refugee Protection Act and for making decisions on immigration and refugee matters...

)
Peter Jemley
Ryan Johnson
Christian Kjar
Dale Landry
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
Kyle Snyder
Kyle Snyder (soldier)
Kyle Snyder is a Private First Class and combat engineer with the 94th Engineers based at Fort Leonard Wood, who deserted his Army unit while on mid-tour leave from Iraq and fled to Canada. His application for refugee status in Canada was denied.-Childhood:Snyder spent most of his teenage years in...
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 http://www.news1130.com/news/local/more.jsp?content=20090810_112524_10032 It was again delayed to September 11, 2009. In light of this order of deportation, he appealed to the First United Church in Vancouver
Vancouver
Vancouver is a coastal seaport city on the mainland of British Columbia, Canada. It is the hub of Greater Vancouver, which, with over 2.3 million residents, is the third most populous metropolitan area in the country,...

for Right of asylum
Right of asylum
Right of asylum is an ancient juridical notion, under which a person persecuted for political opinions or religious beliefs in his or her own country may be protected by another sovereign authority, a foreign country, or church sanctuaries...

. His request was granted and he entered that church on September 18, 2009.
Chuck Wiley

Objectors granted a stay of deportation pending further decisions

Corey Glass—On July 9, 2008 the Toronto Star
Toronto Star
The Toronto Star is Canada's highest-circulation newspaper, based in Toronto, Ontario, Canada. Its print edition is distributed almost entirely within the province of Ontario...

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
Jeremy Hinzman
Jeremy Hinzman
Jeremy Dean Hinzman is the first American Iraq war resister/deserter to seek refugee status in Canada....

- (see July 6, 2010 details)
Matt Lowell (October 27, 2008 and January 6, 2009 )
Kimberly Rivera - On Aug 11, 2009, she was granted a new "Pre Removal Risk Assessment" hearing with a new officer http://www.cbc.ca/canada/toronto/story/2009/08/11/iraq-war-resister-stay081109.html

Objectors granted a new IRB panel to reconsider their application for permanent legal refugee status

("IRB" is Immigration and Refugee Board of Canada

Immigration and Refugee Board of Canada

)

Joshua Key -- On July 4, 2008, Joshua Key won a Federal Court (Canada)
Federal Court (Canada)
The Federal Court is a Canadian trial court that hears cases arising under certain areas of federal law. The Federal Court is a superior court with nationwide jurisdiction...

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 Joshua Key will have a new hearing in front of the Immigration and Refugee Board. The Canadian Broadcasting Corporation
Canadian Broadcasting Corporation
The Canadian Broadcasting Corporation, commonly known as CBC and officially as CBC/Radio-Canada, is a Canadian crown corporation that serves as the national public radio and television broadcaster...

's July 4, 2008 coverage of the story said that there is now a possibility that he "could qualify as a refugee." On June 3, 2009, Joshua Key had a new hearing in front of the Immigration and Refugee Board.

Objectors who had applied for legal refugee status

Robin Long
Robin Long
Robin Long is one of several U.S. Army deserters who sought asylum in Canada because of his opposition to the Iraq war and became the first of those to be deported to the United States after being rejected for refugee status...

--On July 16, 2008, the Toronto Star
Toronto Star
The Toronto Star is Canada's highest-circulation newspaper, based in Toronto, Ontario, Canada. Its print edition is distributed almost entirely within the province of Ontario...

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."
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
Robin Long
Robin Long is one of several U.S. Army deserters who sought asylum in Canada because of his opposition to the Iraq war and became the first of those to be deported to the United States after being rejected for refugee status...

did), and yet was still issued a deportation order.
Clifford Cornell - In January, 2009 Cornell experienced some legal events. On Feb 4, 2009 Cornell "was arrested on Wednesday after crossing the border from Canada into Washington State." On February 23, 2009, Cornell was charged with the crime of desertion
Desertion
In military terminology, desertion is the abandonment of a "duty" or post without permission and is done with the intention of not returning...

with the intent to "avoid hazardous duty and shirk important service" On April 29, 2009, Clifford was convicted of "desertion
Desertion
In military terminology, desertion is the abandonment of a "duty" or post without permission and is done with the intention of not returning...

" and sentenced to one year in prison." http://news.therecord.com/article/528236

Objectors who had not applied for legal refugee status

Daniel Sandate
Daniel Sandate
Daniel Sandate was the second known U.S. soldier to be deported from Canada to the United States when he was deported July 16, 2008 from Niagara Falls, Canada....

- Deported at Niagara Falls, Canada on July 16, 2008 after having been in Canada for over 2 years. He was later court-martialed at Ft. Carson and given an 8-month prison sentence. Sandate released a written statement in prison about his opposition to the war in Iraq. 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.
James Ashley - On Dec 23, 2008, the Toronto Star
Toronto Star
The Toronto Star is Canada's highest-circulation newspaper, based in Toronto, Ontario, Canada. Its print edition is distributed almost entirely within the province of Ontario...

reported the following:"A 28-year-old man accused of deserting the U.S. army has been caught by Canadian
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...

police and turned over to U.S. authorities in Michigan
Michigan
Michigan is a U.S. state located in the Great Lakes Region of the United States of America. The name Michigan is the French form of the Ojibwa word mishigamaa, meaning "large water" or "large lake"....

. James Ashley was returned to the United States on Monday at the Blue Water Bridge
Blue Water Bridge
The Blue Water Bridge is a twin-span international bridge across the St. Clair River that links Port Huron, Michigan, USA and Sarnia, Ontario, Canada...

in Port Huron
Port Huron
Port Huron is the name of a city and a township in St. Clair County, Michigan. See:* Port Huron, Michigan* Port Huron Township, MichiganSee also:* Port Huron Statement...

. U.S. Customs spokesman Ron Smith says it's not clear if police caught Ashley at the bridge or elsewhere in Ontario
Ontario
Ontario is a province of Canada, located in east-central Canada. It is Canada's most populous province and second largest in total area. It is home to the nation's most populous city, Toronto, and the nation's capital, Ottawa....

. Smith says there's an arrest warrant for Ashley out of Fort Riley
Fort Riley
Fort Riley is a United States Army installation located in Northeast Kansas, on the Kansas River, between Junction City and Manhattan. The Fort Riley Military Reservation covers 100,656 acres in Geary and Riley counties and includes two census-designated places: Fort Riley North and Fort...

, Kansas
Kansas
Kansas is a US state located in the Midwestern United States. It is named after the Kansas River which flows through it, which in turn was named after the Kansa Native American tribe, which inhabited the area. The tribe's name is often said to mean "people of the wind" or "people of the south...

." 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
Immigration and Refugee Board of Canada
The Immigration and Refugee Board of Canada is an independent administrative tribunal. The IRB is responsible for applying the Canadian federal Immigration and Refugee Protection Act and for making decisions on immigration and refugee matters...

, or whether he had yet to do so. (See Immigration and Refugee Protection Act
Immigration and Refugee Protection Act
Immigration and Refugee Protection Act is an Act of the Parliament of Canada, passed in 2001 as Bill C-11, which replaced the Immigration Act of 1976 as the primary federal legislation regulating Immigration to Canada....

)

Objectors who willingly returned to the US without a deportation order

Darrell Anderson
Darrell Anderson
Darrell Anderson is a former United States Army soldier and anti-Iraq war activist.-Military service and desertion:...

- Returned to US without court-martial
James Burmeister - Returned to US, turned himself in to authorities, was convicted of Desertion
Desertion
In military terminology, desertion is the abandonment of a "duty" or post without permission and is done with the intention of not returning...

July 16, 2008, and was sentenced to 9 months in prison. He was released Oct 28, 2008, after three months and 10 days in prison.

Objectors claiming the war is illegal

Ben Griffin
Ben Griffin (former British soldier)
Benjamin Griffin is a former British SAS soldier who refused to return to Iraq and left the Army, citing not only the "illegal" tactics of United States troops and the policies of coalition forces but also that the invasion itself was illegal, being contrary to international law...

- British SAS
Special Air Service
Special Air Service or SAS is a corps of the British Army constituted on 31 May 1950. They are part of the United Kingdom Special Forces and have served as a model for the special forces of many other countries all over the world...

soldier who believes the war in Iraq is illegal and that the government lied about the wars conduct. He was allowed to leave the army with no charges filed against him.
Malcolm Kendall-Smith
Malcolm Kendall-Smith
Malcolm Kendall-Smith is a former medical officer in the British Royal Air Force. He was born in Australia, raised in New Zealand and has dual British-New Zealand citizenship....

- A British unit medical officer for the RAF who refused to deploy on the belief that the war was unlawful. He was charged with and convicted of 5 counts of refusing a lawful order. 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.
Wilfredo Torres
Ehren Watada
Ehren Watada
Ehren K. Watada was a First Lieutenant of the United States Army. He was the first commissioned officer in the US armed forces to refuse to deploy to Iraq, in June, 2006...

Conscientious objectors

For purposes of this list, the determination of conscientious objection

Conscientious objector

A conscientious objector is an "individual who has claimed the right to refuse to perform military service" on the grounds of freedom of thought, conscience, and/or religion....

is made by the individual, not a government. It is frequently the case that individuals and governments disagree on the status.

Agustin Aguayo
Agustin Aguayo
Agustin Aguayo is a veteran of the Iraq War and was convicted of desertion by a court martial March 6, 2007. He is an Amnesty International declared "Prisoner of Conscience".-Background:...

(Amnesty International
Amnesty International
Amnesty International is an international non-governmental organisation whose stated mission is "to conduct research and generate action to prevent and end grave abuses of human rights, and to demand justice for those whose rights have been violated."Following a publication of Peter Benenson's...

Prisoner of Conscience)
Kevin Benderman
Kevin Benderman
Kevin Benderman was born and raised in Alabama. He held the rank of Sergeant and was a mechanic in the United States Army. Kevin Benderman first enlisted in the Army in 1987 and served until 1991 when he accepted his discharge; however, nine years later in 2000 he chose to reenlist...

- Served one tour in Iraq then applied for conscientious objector status before his second tour. He was acquitted of desertion and found guilty of missing a troop movement. He was sentenced to 15 months in prison, demoted to private and given a dishonorable discharge.
Former Army interrogator Ricky Clousing
Diedra Cobb
Aidan Delgado
Aidan Delgado
Aidan Delgado is a lawyer and former soldier in the 320th Military Police Company of the United States Army, best known for having become a conscientious objector in April 2003 during his deployment to Iraq and for disclosing information about Abu Ghraib.-Army career:Delgado states that he joined...

- He applied for conscientious objector status in April 2003, which the Army eventually recognized, and he was honorably discharged in April 2004.
Stephen Funk
Stephen Funk
Stephen Funk is a former United States Marine Corps Landing Support Specialist and lance corporal reservist. He is also the first person to refuse to deploy in Iraq.-Background:...
Camilo Mejía
Camilo Mejía
Camilo Ernesto Mejía is a Nicaraguan American who was a former staff sergeant of the Florida National Guard, best known for being an anti-war activist and deserter...
Pablo Paredes
Pablo Paredes
Pablo Paredes was a Petty Officer Third Class and weapons-control technician in the United States Navy who refused to board the USS Bonhomme Richard as it deployed to the Persian Gulf, December 6, 2004 as part of the Operation Iraqi Freedom.During his 2002 tour in Japan, Paredes met several people...
Josh Stieber - Blogger and co-author of "Letter to Iraq"
Abdullah William Webster (USA Amnesty International
Amnesty International
Amnesty International is an international non-governmental organisation whose stated mission is "to conduct research and generate action to prevent and end grave abuses of human rights, and to demand justice for those whose rights have been violated."Following a publication of Peter Benenson's...

Prisoner of Conscience)
Mark Wilkerson

Other

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
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
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
André Shepherd
André Shepherd is a U.S. Army Specialist and deserter who applied for asylum in Germany on November 26, 2008. He is the first Iraq War veteran to pursue refugee status in Europe and only the second U.S. soldier to ever apply for refugee status in Germany....
Ross Spears
Michael Sudbury
Suzanne Swift
Ronnie Tallman
Harvey Tharp
Marc Train
Jose Vasquez
Hart Viges
Carl Webb
Jason Webb
Mark Wilkerson

Punishments given to Iraq War Resisters

War Resister	Country	Date Convicted	Convicted of	Sentence	Actual Prison Time
Stephen Funk Stephen Funk Stephen Funk is a former United States Marine Corps Landing Support Specialist and lance corporal reservist. He is also the first person to refuse to deploy in Iraq.-Background:...	US	Sep. 6, 2003	”Unauthorized Absence”	6 months	6 months
Camilo Mejia Camilo Mejía Camilo Ernesto Mejía is a Nicaraguan American who was a former staff sergeant of the Florida National Guard, best known for being an anti-war activist and deserter...	US	May 21, 2004	”Desertion Desertion In military terminology, desertion is the abandonment of a "duty" or post without permission and is done with the intention of not returning... ”	12 months	9 months
Abdullah William Webster http://www.refusingtokill.net/USGulfWar2/websterurgentaction.htm ( Amnesty International Amnesty International Amnesty International is an international non-governmental organisation whose stated mission is "to conduct research and generate action to prevent and end grave abuses of human rights, and to demand justice for those whose rights have been violated."Following a publication of Peter Benenson's... “Prisoner of Conscience” http://www.amnesty.org/en/library/info/AMR51/137/2004)	US	Jun. 3, 2004	”failing to obey commands from superior and missing brigade’s movements”	14 months	11 months
Kevin Benderman Kevin Benderman Kevin Benderman was born and raised in Alabama. He held the rank of Sergeant and was a mechanic in the United States Army. Kevin Benderman first enlisted in the Army in 1987 and served until 1991 when he accepted his discharge; however, nine years later in 2000 he chose to reenlist...	US	Jul. 2005	”Missing Movement by Design,” “Desertion Desertion In military terminology, desertion is the abandonment of a "duty" or post without permission and is done with the intention of not returning... with Intent to Avoid Hazardous Duty”	15 months	13 months
Malcolm Kendall-Smith Malcolm Kendall-Smith Malcolm Kendall-Smith is a former medical officer in the British Royal Air Force. He was born in Australia, raised in New Zealand and has dual British-New Zealand citizenship....	UK	Apr. 13, 2006	”Refusal to obey a legal order”	8 months plus fine, etc.	2 months plus other penalties
Agustin Aguayo Agustin Aguayo Agustin Aguayo is a veteran of the Iraq War and was convicted of desertion by a court martial March 6, 2007. He is an Amnesty International declared "Prisoner of Conscience".-Background:... ( Amnesty International Amnesty International Amnesty International is an international non-governmental organisation whose stated mission is "to conduct research and generate action to prevent and end grave abuses of human rights, and to demand justice for those whose rights have been violated."Following a publication of Peter Benenson's... "Prisoner of Conscience"http://www.amnesty.org/en/library/info/AMR51/041/2007/en)	US	Mar. 6, 2007	”Desertion Desertion In military terminology, desertion is the abandonment of a "duty" or post without permission and is done with the intention of not returning... ”		7 months
Ryan Jackson http://www.couragetoresist.org/x/content/view/593/	US	May 30, 2008	”Desertion Desertion In military terminology, desertion is the abandonment of a "duty" or post without permission and is done with the intention of not returning... ”	100 days
***James Burmeister (Returned to the US without being given a deportation order.)	US	Jul. 16, 2008	”Desertion Desertion In military terminology, desertion is the abandonment of a "duty" or post without permission and is done with the intention of not returning... ”	9 months	3 months and 10 days http://www.couragetoresist.org/x/content/blogcategory/50/103/
***Robin Long Robin Long Robin Long is one of several U.S. Army deserters who sought asylum in Canada because of his opposition to the Iraq war and became the first of those to be deported to the United States after being rejected for refugee status... http://www.thestar.com/article/484115 (Applied for legal status, but was given a deportation order)	US	Aug. 22, 2008	"Desertion Desertion In military terminology, desertion is the abandonment of a "duty" or post without permission and is done with the intention of not returning... with the intent to stay away permanently"	15 months	12 months
Tony Anderson http://www.couragetoresist.org/x/content/view/624/1/	US	Nov. 17, 2008	"Desertion Desertion In military terminology, desertion is the abandonment of a "duty" or post without permission and is done with the intention of not returning... "	14 months
***Daniel Sandate Daniel Sandate Daniel Sandate was the second known U.S. soldier to be deported from Canada to the United States when he was deported July 16, 2008 from Niagara Falls, Canada.... (imprisonment began July 16, 2008; ended January 20, 2009) (Did not apply for legal status; was deported)	US	Nov. 17, 2008	"Desertion Desertion In military terminology, desertion is the abandonment of a "duty" or post without permission and is done with the intention of not returning... "	8 months	6 months
***Clifford Cornell http://news.therecord.com/article/528236 (Applied for legal status, but was given a deportation order)	US	Apr. 29, 2009	"Desertion"	one year, later reduced to 11 months	11 months (Released Jan 16, 2010)

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

External links

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