DOCSLIB.ORG

Summer 2007 Number 2 Annual Lobby Day for CO Rights and International CO Day Draws New Interest

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Summer 2007 Number 2 Annual Lobby Day for CO Rights and International CO Day Draws New Interest Non-Profit Org. Center on Conscience & War U.S. Postage 1830 Connecticut Avenue, NW PAID Washington, DC 20009-5706 Baltimore, Md Permit No. 1 The Reporter )@@HAIIIAHLE?AHAGKAIJA@ The Center on Conscience & War for Conscience Sake Volume 64 Summer 2007 Number 2 Annual Lobby Day for CO Rights and International CO Day draws new interest. From the Desk of the Executive Director I started my day talking with a reporter for the Chicago what SHE, as vice principal, thought was best for the mothers Tribune. She is doing a story on Post Traumatic Stress Disor- son. I told her to get all the other parents who were annoyed der. Are we seeing more cases? Is it related to conscientious by the recruiters inthe school to go to the principal and tell the objection? Is it related to fighting an unpopular war? Wasnt principal that the assistant principal had violated the Privacy it true that the numbers of soldiers with PTSD were Act and No Child Left Behind. NCLB provides that military disproportionably less during the very widely supported World recruiters are to have the SAME access as other recruiters, War II? The change in PTSD does not come from the sacri- unless that school allows Wal-Mart to drag kids out of class fice during an unpopular war, I told her, but from the increased when they decide not to work there, the assistant principal training of soldiers to kill on command without thought and has violated that law. the lack of training of soldiers as to how to live with it after- So what does this have to do with conscientious objection? wards. It is work based on the concept that we all have to start some- Next was a call from a soldier in Germany with 7 years in where. In the early 60s I thought I would join the Marines for the Army. His wife had left him with two young kids. His money for college. By 1964, I opposed the war in Vietnam. command told him they would reprimand him for not having a By the mid-70s I opposed all prospective wars, but still thought dependency care plan twice and then he would be chaptered WW II was a Just War. By the early 1980s I thought all wars Bill Galvin, Andrew Gorby, Ryan Sigley and J.E. McNeil speak about CO discharges and the Military CO Act. Ruth Flowers (far right) lead the discussions. out. I pointed out that that would result in his not receiving were morally wrong but sometimes a necessary evil. In the money for college after his years of faithful service. I told him mid 1990s I concluded all wars were wrong and stupid and Also Inside: to make a dependency care plan that showed he could not cause much more harm than good and always avoidable. The Centers annual lobby In addition to Lobby Day on the 14th, the Center also sponsored events for International CO Day on May 15th. comply with being deployed and then receive the non-punitive We all have to start somewhere and the Center wants to be News Briefs..................2 day for CO Rights took discharge he deserved. there to help each person who calls to take the next step. But place this past May 14th. Congressman John Lewis of Georgia sponsored a Then a mother called. Her 18-year-old son had been picked we believe our work is essential day-to-day work if we are Individuals from many states congressional briefing on Conscience in the Military as an up from school by two recruiters and driven to sign up for the ever to bring our world to the point where everyone proclaims Center News................3 came to Washington, DC to aspect of Religious Freedom. During this briefing, Rep. military. She had ordered the recruiters from her property war is not the answer. Lewis spoke out about the need for such things as the days earlier. When she found that her son had signed up and The Center is stopping war one Lobby Day...................4 lobby their congressperson. that he really didnt want to go into the Army, she called over soldier at a time. Many also chose to support Military CO Act and a change in tax laws to allow for a peace tax fund. J.E. McNeil spoke about the Military CO 40 offices in the military seeking help. All of them told her that Yours for Peace and Justice, Breaking Ranks: Movie the efforts by lobbying from her son had no choice. The next thing she knew her son has Act, informing the audience of the reforms it would make Review.........................7 their home states. been taken out of his class BY THE RECRUITERS to discuss (Continued Page 4) his decision not to join the Army. When the mother protested, Reporter for Conscience Sake 1 Vol. 64, No. 2 the assistant principal yelled at the mother for interfering with J. E. McNeil Reporter for Conscience Sake 8 Vol. 64, No. 2 News Briefs On DVD Conscientious Taxes Protesters urge Canadian soldiers to Breaking Ranks Some of the most powerful moments of the film are these U.S. Rep. John Lewis, D-Ga., has opt out soldiers describing their experiences in the war which caused Screen Siren Pictures Produc- Board of Directors introduced legislation that would prevent A loose coalition of Quebec-based anti- them to take a stand. Joshua Key, who says he was never taxes paid by people conscientiously war activists is sending individual letters to tion in co-production with the politically orientated, described the task of his unitin Iraq: National Film Board of David Miller, Chair opposed to war to be used for military 3,000 Canadian military families urging Our job was to go through and grab every male that looks Canada written and directed Mennonite Central Committtee purposes. soldiers to refuse their upcoming deployment age 15, 16 or over, and put em in the back of a 5 ton and by Michelle Mason Jean Martensen, Treas. to Afghanistan. send them off for interrogations. .I did a hundred raids or At-Large H.R. 1921, titled the Religious Freedom Review by Bill Galvin more, and out of every one of them I never once found a Shannon McManimon Peace Tax Fund Act, instructs the "Our aim isn't to attack the soldiers or their terrorist, I never once found cashes of weapons. I never Pax Christi secretary of the Treasury to establish a families, we want to open a dialogue with This powerful movie, which has once found reasons for any of the men to be detained that just been released on DVD, Phil Jones separate "Religious Freedom Peace Tax military families, and we want to open the we took off for interrogations. He described his feelings as Church of the Brethren Fund" for the deposit of income, gift and debate on our presence in Afghanistan and tells the compelling story of four he looked into the faces of the people whose homes they US soldiers who said no to the Anita Cole estate taxes from citizens certified by the why we should participate in this conflict," were raiding-- and he said, I still have trouble with it. He At-Large Treasury Department as conscientious said coalition spokesperson Joseph war in Iraq and sought refuge in Canada: Jeremy Hinzman, gives a vivid description of what he witnessed one day that Brandon Hughey, Joshua Key, and Kyle Snyder. Rev. Bill Carroll objectors. Bergeron. "We want them to know that the caused him to turn to his commanding officer and say, I Episcopal Church reasons they've been given for going aren't Two of them are among the first to arrive in Canada and wont have any part of this, as he went back to his vehicle Tom Hoopes Indivuduals are urged to contact their the real ones ... they are not going to instill their cases are the test cases in the Canadian immigration and refused to participate. Philadelphia Yearly Meeting Congressiosnal Representative and ask democracy with the barrel of a rifle. The and court system. Three of them are combat veterans. This Jeremy Hinzman talks about trying to learn to become a Rev. Osagyefo Uhuru Sekou them to support this Bill. Afghans don't want them there." movie covers a wide range of issues related to why these killer. He knew it wasnt something he was inclined to do, four people (and a couple hundred more) ended up in but thats what the training is for. .As hard as I tried, I Conscientious objection and desertion have Canada. Staff South Korean Justice Ministry become growing phenomena in the U.S., couldnt do it. .I was losing what made me human. They all had similar experiences. Brandon describes feeling like J.E. McNeil critisized for human rights plan. but in Canada it's no simple matter for full- Their experiences are conveyed by interviews with them, Executive Director time soldiers to refuse a deployment. (The footage of heartfelt interactions with their family members my back was against the wall, and Kyle, who was in Mosul says, I couldnt take it no more. They gave me two weeks Bill Galvin The South Korean Ministry of Justice still situation is different for reservists, who must and supporters, and film footage of them speaking in public Counseling Coordinator has not decided its position on several volunteer). and appearing on TV and radio talk shows. This is inter- leave-- I saw it as my opportunity. (The Star.com, June 12th, 2007) Elizabeth Sprague sensitive human rights issues, including the spersed with footage of politicians (Canadian and US), the The truth is, we all have consciences, and this movie shows Outreach Coordinator death penalty, and conscientious objection Austrian WWII CO honored as martyr war, military training, and interviews with US military re- the conscientious changes and struggles of four young men Sara Baldwin to military service.
Load more

Recommended publications
  • Alternative North Americas: What Canada and The
    ALTERNATIVE NORTH AMERICAS What Canada and the United States Can Learn from Each Other David T. Jones ALTERNATIVE NORTH AMERICAS Woodrow Wilson International Center for Scholars One Woodrow Wilson Plaza 1300 Pennsylvania Avenue NW Washington, D.C. 20004 Copyright © 2014 by David T. Jones All rights reserved. No part of this book may be reproduced, scanned, or distributed in any printed or electronic form without permission. Please do not participate in or encourage piracy of copyrighted materials in violation of author’s rights. Published online. ISBN: 978-1-938027-36-9 DEDICATION Once more for Teresa The be and end of it all A Journey of Ten Thousand Years Begins with a Single Day (Forever Tandem) TABLE OF CONTENTS Introduction .................................................................................................................1 Chapter 1 Borders—Open Borders and Closing Threats .......................................... 12 Chapter 2 Unsettled Boundaries—That Not Yet Settled Border ................................ 24 Chapter 3 Arctic Sovereignty—Arctic Antics ............................................................. 45 Chapter 4 Immigrants and Refugees .........................................................................54 Chapter 5 Crime and (Lack of) Punishment .............................................................. 78 Chapter 6 Human Rights and Wrongs .................................................................... 102 Chapter 7 Language and Discord ..........................................................................
    [Show full text]
  • Discrimination in Response
    9/11 Discrimination in Response TÜRKKAYA ATAÖV Ankara/Vienna, 2004 I.P.O. ONLINE PUBLICATIONS © Türkkaya Ataöv 2004 All rights reserved. No part of this publication may be reproduced, translated, stored in a retrieval system, or transmitted, in any form, by any means, electronic, mechanical, photocopying, recording, or otherwise, without the prior permission of the author, except in case of brief quotations in critical articles or reviews. ii THE ESSENCE “If we give up our essential rights for some security, we are in danger of losing them both.” Benjamin Franklin (1706–90), American statesman, scientist, thinker and publisher. * „This is a government of the people, by the people and for the people no longer. It is a government of corporations, by corporations and for the corporations.” Rutherford B. Hayes (1822–92), 19th President of the United States (1877–81). * “In the counsel of government, we must guard against the acquisition of unwarranted influence, whether sought or unsought, by the military-industrial complex. The potential for the disastrous rise of misplaced power exists and will persist. We must never let the weight of this combination endanger our liberties or democratic processes ...” Dwight D. Eisenhower (1890–1969), 34th President of the United States (1953–61). * „We must be prepared to stop rogue states and their terrorist clients before they are able to threaten or use weapons of mass destruction against the United States and our allies and friends.“ George W. Bush (1946– ), 43rd President of the United States (2000– ). * “A lie can go halfway around the world before the truth even gets its boots on.” Mark Twain (1835–1910), U.S.
    [Show full text]
  • Conscience and Peace Tax International
    Conscience and Peace Tax International Internacional de Conciencia e Impuestos para la Paz NGO in Special Consultative Status with the Economic and Social Council of the UN International non-profit organization (Belgium 15.075/96) www.cpti.ws Bruineveld 11 • B-3010 Leuven • Belgium • Ph.: +32.16.254011 • e- : [email protected] Belgian account: 000-1709814-92 • IBAN: BE12 0001 7098 1492 • BIC: BPOTBEB1 UPR SUBMISSION CANADA FEBRUARY 2009 Executive summary: CPTI (Conscience and Peace Tax International) is concerned at the actual and threatened deportations from Canada to the United States of America of conscientious objectors to military service. 1. It is estimated that some 200 members of the armed forces of the United States of America who have developed a conscientious objection to military service are currently living in Canada, where they fled to avoid posting to active service in which they would be required to act contrary to their consciences. 2. The individual cases differ in their history or motivation. Some of those concerned had applied unsuccessfully for release on the grounds that they had developed a conscientious objection; many had been unaware of the possibility of making such an objection. Most of the cases are linked to the invasion of Iraq in 2003 and the subsequent military occupation of that country. Some objectors, including reservists mobilised for posting, refused deployment to Iraq on the grounds that this military action did not have lawful approval of the international community. Others developed their conscientious objections only after deployment to Iraq - in some cases these objections related to armed service in general on the basis of seeing what the results were in practice; in other cases the objections were specific to the operations in which they had been involved and concerned the belief that war crimes were being committed and that service in that campaign carried a real risk of being faced with orders to carry out which might amount to the commission of war crimes.
    [Show full text]
  • Law and Resistance in American Military Films
    KHODAY ARTICLE (Do Not Delete) 4/15/2018 3:08 PM VALORIZING DISOBEDIENCE WITHIN THE RANKS: LAW AND RESISTANCE IN AMERICAN MILITARY FILMS BY AMAR KHODAY* “Guys if you think I’m lying, drop the bomb. If you think I’m crazy, drop the bomb. But don’t drop the bomb just because you’re following orders.”1 – Colonel Sam Daniels in Outbreak “The obedience of a soldier is not the obedience of an automaton. A soldier is a reasoning agent. He does not respond, and is not expected to respond, like a piece of machinery.”2 – The Einsatzgruppen Case INTRODUCTION ................................................................................. 370 I.FILMS, POPULAR CULTURE AND THE NORMATIVE UNIVERSE.......... 379 II.OBEDIENCE AND DISOBEDIENCE IN MILITARY FILMS .................... 382 III.FILM PARALLELING LAW ............................................................. 388 IV.DISOBEDIENCE, INDIVIDUAL AGENCY AND LEGAL SUBJECTIVITY 391 V.RESISTANCE AND THE SAVING OF LIVES ....................................... 396 VI.EXPOSING CRIMINALITY AND COVER-UPS ................................... 408 VII.RESISTERS AS EMBODIMENTS OF INTELLIGENCE, LEADERSHIP & Permission is hereby granted for noncommercial reproduction of this Article in whole or in part for education or research purposes, including the making of multiple copies for classroom use, subject only to the condition that the name of the author, a complete citation, and this copyright notice and grant of permission be included in all copies. *Associate Professor, Faculty of Law, University of Manitoba; J.D. (New England School of Law); LL.M. & D.C.L. (McGill University). The author would like to thank the following individuals for their assistance in reviewing, providing feedback and/or making suggestions: Drs. Karen Crawley, Richard Jochelson, Jennifer Schulz; Assistant Professor David Ireland; and Jonathan Avey, James Gacek, Paul R.J.
    [Show full text]
  • The Good Soldier: Former US Serviceman Joshua Key, Refuses to Fight in Iraq
    The Good Soldier: Former US Serviceman Joshua Key, Refuses to Fight in Iraq. Living in Limbo. By Michael Welch Region: Canada, Middle East & North Global Research, April 03, 2015 Africa, USA Theme: GLOBAL RESEARCH NEWS HOUR “I will never apologize for deserting the American army. I deserted an injustice and leaving was the only right thing to do. I owe one apology and one apology only, and that is to the people of Iraq.” -Joshua Key in The Deserter’s Tale LISTEN TO THE SHOW Length (59:19) Click to download the audio (MP3 format) Joshua Key is one of dozens of US GIs who sought refuge in Canada rather than be forced to serve in a war they considered legally and morally wrong. He served from April to November of 2003, the first year of the war. He then went AWOL during a visit to the United States. By March of 2005 he had made it up to Canada and sought refugee status. Ten years ago, Canada had earned respect around the world for refusing to officially join then President Bush’s ‘Coalition of the Willing.’ Times have changed since those early years. The Canadian government under Conservative Prime Minister Stephen Harper is arguably the most bellicose Western leader with regard to military offensives, supposedly against ISIS/ISIL in Iraq. This same government is now determined to return all military deserters back to the US where they face lengthy prison sentences, especially if they have been outspoken against the war. Joshua Key was the very first US GI to write a memoir of his time in Iraq, let alone a critical account.
    [Show full text]
  • Nuclear Resister Issue #151
    the Nuclear Resister “A Chronicle of Hope” No. 151 December 20, 2008 AVRUSTA NU! SWEDISH ARMS EXPORTS DISARMED Direct disarmament in the Plowshares tradition, using handtools and accepting per- sonal responsibility, continued in Sweden this fall with the debut of Avrusta! (Disarm!), a new campaign to stop Swedish weapons exports. Shortly after midnight on Thursday, October 16, anti-tank missile launchers and other armaments were damaged after activists broke into factories belonging to lead- ing European weapons manufacturers BAE Systems and Saab. In two simultaneous nonviolent actions, four people used hammers to damage arms bound for export to the United States, India and other countries. Two days later, their spokesperson was also arrested after entering one of the factories to continue the work. Photo courtesy of Jason MGuire At a die-in outside a space warfare conference in Omaha, the Grim Reaper Anna Andersson and Martin Smedjeback used hammers and bolt cutters to enter the contemplates his harvest. Saab-Bofors Dynamics production unit in Eskilstuna, near Stockholm. A video at their website shows them at work, hammering and scratching inside the barrels of 14 Carl Gustaf anti-tank grenade launchers, one of the most widespread weapons of the world, Space War Foes before they alerted police of their presence inside the supposedly high-security estab- lishment. Saab-Bofors later claimed damages of at least $141,000. Andersson and Smedjeback were charged with trespass, criminal damage and tres- pass at a place of national security, and were then released. Refuse Bail, Stay in Jail Sixty miles away, also before dawn, Catherine Laska and Pelle Strindlund had Eight people - all affiliated with midwest Catholic Worker communities - were arrested entered the BAE Systems plant at the Bofors industrial site in Karlskoga.
    [Show full text]
  • Should US Military Evaders Be Extradited From
    Should U.S. Military Evaders Be Extradited From Canada? Pro and Con Arguments By Dave Olson, August 2004 - 1! - © 2004-5 Dave Olson, “Should US Military Service Evaders be Extradited?” Yes. Military service evaders are in violation of U.S. laws, as well as personally breaching their contract and oath. Alternative programs exist for legitimate conscientious objectors to fulfill their duties in a responsible manner. Harboring cowardly deserters strains International relations and also drains the resources of the host country. No. AWOL personnel would be prosecuted, and possibly persecuted or executed, if repatriated to the United States. Military personnel, who oppose war for moral, ethical, or political reasons, should be recognized as political refuges and granted asylum if requested. No one should be forced to put their life at risk for an illegal war or be obliged to obey immoral orders. - 2! - © 2004-5 Dave Olson, “Should US Military Service Evaders be Extradited?” Yes Military service evaders are in violation of U.S. laws, as well as personally breaching their contract and oath. Alternative programs exist for legitimate conscientious objectors to fulfill their duties in a responsible manner. Harboring cowardly deserters strains International relations and also drains the resources of the host country. 1) Military personnel have a legal responsibility to fulfil their required military service period. Deserters must be extradited to ensure critical military discipline lest soldiers flee in time of war leaving their country vulnerable. Any country that harbors deserters against extradition requests is complicit with this law- breaking activity which infringes on a sovereign nation’s ability to make war.
    [Show full text]
  • Struggle and Survival of American Veterans of Operation Iraqi Freedom
    Struggle and Survival of American Veterans of Operation Iraqi Freedom Item Type text; Electronic Thesis Authors Koopman, David Publisher The University of Arizona. Rights Copyright © is held by the author. Digital access to this material is made possible by the University Libraries, University of Arizona. Further transmission, reproduction or presentation (such as public display or performance) of protected items is prohibited except with permission of the author. Download date 01/10/2021 15:16:35 Link to Item http://hdl.handle.net/10150/628125 1 STRUGGLE AND SURVIVAL OF AMERICAN VETERANS OF OPERATION IRAQI FREEDOM by David Koopman ____________________________ Copyright © David Koopman 2018 A Thesis Submitted to the Faculty of the DEPARTMENT OF MIDDLE EASTERN AND NORTH AFRICAN STUDIES In Partial Fulfillment of the Requirements For the Degree of MASTER OF ARTS In the Graduate College THE UNIVERSITY OF ARIZONA 2018 2 3 Contents 1. Abstract……………………………………………………………………………………………………………….4 2. Introduction………………………………………………………………………………………………………...5 3. Framework………………………………………………………………………………………………………….9 4. Recruitment and training……………………………………………………………………………………12 5. Military towns and environment…………………………………………………………………………18 6. OIF: The war without a mission…………………………………………………………………………..23 7. FOB culture………………………………………………………………………………………………………..31 8. Outside the wire…………………………………………………………………………………………………38 9. Coming home……………………………………………………………………………………………………..47 10. Conclusion…………………………………………………………………………………………………………54 11. Works Cited……………………………………………………………………………………………………….61
    [Show full text]
  • Soldiers of Conscience a Film by Catherine Ryan and Gary Weimberg
    n o s a e 21 P.O .V. S Discussion Guide Soldiers of Conscience A film by Catherine Ryan and Gary Weimberg www.pbs.org/pov n o s Discussion Guide | Soldiers of Conscience a e 21 S Letter from the Filmmakers Director / Producer Catherine Ryan. Director / Producer Gary Weimberg. Photo courtesy of Catherine Ryan Photo Courtesy of Gary Weimberg AUGUST 200 8 Dear Viewer, Thank you for preparing for a discussion about Soldiers of Conscience . We made this film with a specific goal of encouraging dialogue and understanding, which is why we are especially glad you are bringing this film and its ideas to your friends and neighbors. We also made this film to honor those who are willing to serve our country in the armed forces — all of them, including both consci - entious objectors and sincere war-fighters. We started making this film with the misconception that only conscientious objectors suffer profound moral pain from having to kill another human being in war. We soon learned we were very, very wrong. Every soldier has a conscience. Every soldier who kills in combat suffers the burden of his or her conscience. Some soldiers suffer so deeply after killing another person that they end up committing suicide over the guilt of what they have done. The Army’s own combat stress manual reflects this and describes the mental trauma resulting from the act of killing to be as great or greater than the mental trauma of seeing one’s fellow soldier killed. Adding to the trauma is the silence around the issue.
    [Show full text]
  • Cfsc Ar 2010-11
    Annual Report 2010 – 2011 Clerk’s Report This has been a challenging year for Canadian Friends Service Committee. We continue to deal with a changing financial landscape, which has impacted the scope of our work, and appears to be ending a valuable program. Our staff has been coping with serious illness. Members of the Committee, and Friends in general, struggle to find the time and energy to fully commit to service work due to increasing demands of busy lives. As we mark CFSC’s 80th year, we are mindful of our rich legacy of service in difficult times. This May’s The Canadian Friend, focuses on and celebrates CFSC’s eight decades of service work. It recounts many of our past accomplishments and points to the centrality of social witness of Canadian Friends. Special thanks to Don Alexander who, in addition to his work as CFSC Treasurer, spent many long hours assembling material for it. This year we celebrated a number of successes in our project work: the federal government’s endorsement of the UN Declaration of the Rights of Indigenous Peoples, the favourable decision by the Federal Court of Appeal in the Jeremy Hinzman case, and the approval of the ‘Justice is Possible’ Minute (Minute 79) at CYM 2010. We hope to secure CIDA funding this year to expand the successful ‘Care to Care’ project, as it concludes its work in Iraq, to begin anew in Burundi. Much of the credit for our achievements goes to our partners, who bring expertise, local knowledge and persistence to our shared projects.
    [Show full text]
  • Letter to Canadian Officials Requesting Sanctuary for US War
    Kriss Worthington Councilmember, City of Berkeley, District 7 2180 Milvia Street, 5th Floor, Berkeley, CA 94704 PHONE 510-981-7170 FAX 510-981-7177 [email protected] CONSENT CALENDAR February 12, 2008 To: Honorable Mayor and Members of the City Council From: Councilmembers Kriss Worthington and Max Anderson Subject: Letter To Canadian Officials Requesting Sanctuary For U.S. War Resisters RECOMMENDATION: Send a letter to Canadian Prime Minister Stephen Harper, Minister of Citizenship and Immigration Diana Finley and Liberal Party leader Stephane Dion requesting that the government of Canada establish provisions to provide sanctuary for U.S. military service members who are living in Canada to resist fighting in the Iraq War. BACKGROUND: Throughout the Vietnam War era, Canada provided a place of refuge for United States citizens seeking to resist the war. Because of Canada’s rich tradition of being a refuge from militarism, approximately 200 U.S. military service people have moved to Canada to resist fighting in the Iraq War. However, it has become more difficult to immigrate to Canada and these war resisters are seeking refugee status in accord with United Nations guidelines. Unfortunately, their requests for refugee status have been rejected by the Canadian Refugee Board. Several resisters have appealed the Refugee Board decisions to the Supreme Court of Canada. While a court decision is pending these resisters are vulnerable to deportation back to the United States where they may face years of incarceration or even worst penalties. There is strong support among the Canadian people for the war resisters and the Canadian House of Commons is currently considering legislation to provide sanctuary to war resisters.
    [Show full text]
  • First Draft IARLJ Conference Slovenia
    Draft Dodger/ Deserter or Dissenter? Conscientious objection as grounds for refugee status Final Draft Human Rights Nexus Working Group IARLJ conference Slovenia 2011 Prepared by Penelope Mathew Freilich Foundation professor, The Australian National University This working group paper looks at the state of the law concerning conscientious objectors in a number of jurisdictions: Canada, Australia, New Zealand, Switzerland, Germany, and the United Kingdom. The author would like to thank all judges who provided case-law and comments, along with Ms Trina Ng who collected more case law and secondary literature and the colleagues working on the IARLJ working group papers. In general, the law may be considered up to date as of December 2010, although a 2011 decision of the European Court of Human Rights and a 2011 German decision have been included because of their importance. The paper considers the following questions: 1. What have international authorities said regarding conscientious objection and human rights and what questions arise for consideration by refugee status decision-makers? 2. Are conscientious objectors to military service presently granted refugee status as a general rule in the jurisdictions surveyed, and why/not? 3. Do the jurisdictions surveyed recognize a ‘partial’ conscientious objector status when a particular war involves violations of international law? 4. Does the national case law require the illegality to stem from the jus in bello or international humanitarian law, or may it also stem from the jus ad bellum, particularly the United Nations Charter’s prohibition on unilateral uses of force in Article 2(4)? 5. Where a partial exception is recognized on the basis of international humanitarian law violations, how serious and widespread must they be, and is risk of participation or mere association through military service required for refugee status to be granted? 6.
    [Show full text]