Tuesday, July 08, 2008

Canadian Court Rules US Troops Qualify As Refugees

Ever since Vietnam (and probably before that) a commonality among Americans who are anti-war is that in case of being drafted, they can flee to Canada. In today's globalized world however, things like extradition factors into that safety plan. However, once you have actually served and know that bad things are going down, can you go to Canada under refugee status? A Canadian court ruled that escaping a 2nd tour of Iraq for one soldier and running north is more than justified.

From CBC News:

In a decision that may have an impact on dozens of refugee claimants in Canada, Federal Court Justice Robert Barnes said Canada's refugee board erred by rejecting the asylum bid of Joshua Key. He ordered that a new panel reconsider the application.

Key was sent to Iraq in 2003 as a combat engineer for eight months where he said he was responsible for nighttime raids on private Iraqi homes, which included searching for weapons.

He alleged that during his time in Iraq he witnessed several cases of abuse, humiliation, and looting by the U.S. army.

When Key was back in the U.S on a two-week leave, he said he was suffering from debilitating nightmares and that he couldn't return. A military lawyer told him that he could either return to Iraq or face prison.

Instead, Key took his family to Canada and applied for refugee status.

While the immigration board concluded that some of the alleged conduct by the U.S military included a "disturbing level of brutality," it said the conduct did not meet the definition of a war crime or a crime against humanity.

Barnes said the board erred “by concluding that refugee protection for military deserters and evaders is only available where the conduct objected to amounts to a war crime, a crime against peace or a crime against humanity."


This is a tremendous status that gives our soldiers a way out (if they so choose) from the nightmares their superiors and the general attitude in Iraq inflict onto the civilian population. Too many of our young are coming back with battle scars that we can only begin to comprehend. War is hell I agree, but what we are doing over there is just plain wrong, and our troops know it, they just wish the American people would see how wrong it is so we get out as soon as possible.

Instead, our country must be shamed by a Canadian court that can justifiably decree that the United States commits war crimes and feels an obligation to help American troops that refuse to be a part of the chaos anymore.