{"id":195465,"date":"2008-07-07T20:08:00","date_gmt":"2008-07-08T01:08:00","guid":{"rendered":"https:\/\/www.panix.com\/~msaroff\/40years\/2008\/07\/07\/canadian-court-orders-review-of-us-deserter-refugee-status\/"},"modified":"2008-07-07T20:08:00","modified_gmt":"2008-07-08T01:08:00","slug":"canadian-court-orders-review-of-us-deserter-refugee-status","status":"publish","type":"post","link":"https:\/\/www.panix.com\/~msaroff\/40years\/2008\/07\/07\/canadian-court-orders-review-of-us-deserter-refugee-status\/","title":{"rendered":"Canadian Court Orders Review of US Deserter Refugee Status"},"content":{"rendered":"

The judge ruled that officially sanctioned brutality, even when it does not rise to the level of a crime against humanity<\/a>, is sufficient to merit refugee status:<\/p>\n

…..<\/p>\n

While the immigration board concluded that some of the alleged conduct by the U.S military included a “disturbing level of brutality<\/span>,” it said the conduct did not meet the definition of a war crime or a crime against humanity.<\/p>\n

Barnes said the board erred \u201cby 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.”<\/p>\n

Citing a case from the U.S. Federal Court of Appeal, Barnes said officially condoned military misconduct could still support a refugee claim, even if it falls short of a war crime.<\/p>\n

“The authorities indicate that military action which systematically degrades, abuses or humiliates either combatants or non-combatants is capable of supporting a refugee claim where that is the proven reason for refusing to serve,” Barnes wrote.<\/p>\n

Barnes said the board imposed a legal standard that was “too restrictive” on Key, who lives in Saskatchewan.<\/p>\n

Key’s lawyer, Jeffry House, said the ruling expands a soldier’s right to refuse military service.<\/p>\n

…..<\/p><\/blockquote>\n

(emphasis mine<\/span>)<\/p>\n

They broke this man, the story mentions debilitating nightmares, and I’m sure that an examination would find more evidence of damage, and they wanted to send him back.<\/p>\n

For us as a society, what should bother us is the broken men who go back to Iraq, and then, one day, they come home<\/span>, because this will come home with them.<\/p>\n","protected":false},"excerpt":{"rendered":"

The judge ruled that officially sanctioned brutality, even when it does not rise to the level of a crime against humanity, is sufficient to merit 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 …<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[981,1053,1063,972,1006],"tags":[],"class_list":["post-195465","post","type-post","status-publish","format-standard","hentry","category-civil-war","category-immigration","category-iraq","category-justice","category-military"],"_links":{"self":[{"href":"https:\/\/www.panix.com\/~msaroff\/40years\/wp-json\/wp\/v2\/posts\/195465"}],"collection":[{"href":"https:\/\/www.panix.com\/~msaroff\/40years\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.panix.com\/~msaroff\/40years\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.panix.com\/~msaroff\/40years\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.panix.com\/~msaroff\/40years\/wp-json\/wp\/v2\/comments?post=195465"}],"version-history":[{"count":0,"href":"https:\/\/www.panix.com\/~msaroff\/40years\/wp-json\/wp\/v2\/posts\/195465\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.panix.com\/~msaroff\/40years\/wp-json\/wp\/v2\/media?parent=195465"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.panix.com\/~msaroff\/40years\/wp-json\/wp\/v2\/categories?post=195465"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.panix.com\/~msaroff\/40years\/wp-json\/wp\/v2\/tags?post=195465"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}