U.S. War Resisters Face Different Legal Outcomes
A U.S. war resister and his supporters won an important legal skirmish in Tacoma, Wash., Thursday, but two Americans who fled to Canada to avoid service in Iraq had their appeals to stay in that country blocked.
A federal judge in Tacoma issued a preliminary injunction that stops the military from going ahead with court-martial proceedings against Ehren Watada, an Army first lieutenant who refused to deploy to Iraq. The judge says the military court is ignoring Watada's constitutional right not to face double jeopardy after his first court-martial ended in a mistrial.
The injunction means Watada has a better chance of winning his case, but it also means he might not get a chance to test his central argument — that the Iraq war is illegal — in court.
Meanwhile, Reuters reports that the Canadian Supreme Court declined to hear appeals from two American war resisters, Jeremy Hinzman and Brandon Hughey, who deserted the Army and fled to Canada in 2004. The men had appealed rulings from immigration authorities and two courts that they are not refugees in need of protection.
Now the Canadian government wants them to leave. "All refugee claimants in Canada have the right to due process and when they have exhausted those legal avenues we expect them to respect our laws and leave the country," said Mike Fraser, spokesman for the citizenship and immigration minister.
But under the Canadian legal system, it could still be a long time before the men have to leave. For instance, they can ask for a pre-removal risk assessment to judge whether they would be at risk of torture, death or cruel and unusual punishment or treatment in the United States. And The Canadian Press reports that the men and their supporters will press the Canadian parliament to create a provision for them to stay.
10:04 AM ET | 11-16-2007 | permalink


