André Shepherd seeks German asylum
Posted by MCN | | Posted On Thursday, November 27, 2008 at 3:07 PM
FRANKFURT, Germany – U.S. Army Specialist Andre’ Shepherd applied for asylum in Germany Nov. 26, becoming the first Iraq War veteran to pursue refugee status in Europe.After attending college and failing to find meaningful employment, Shepherd enlisted in the military early in 2004. The promises of financial security and international adventure easily trumped working at a fast food chain. He became an Apache airframe mechanic, hoping to someday qualify up to the role of helicopter pilot.
His first unit was already deployed to Iraq when he completed his training, so he joined them immediately, with only one day at his unit’s home in Germany. Shepherd spent six months on a forward operating base near Tikrit, working 12-hour days to keep the heavily armed Apaches (and their signature Hellfire missiles) in the air.
Though he enlisted in order to bring freedom, prosperity and peace, Shepherd found none of these traits in the locals with whom he interacted.
“Some had the look of fear, while others looked outright angry and resentful,” he said of locals contracted for jobs around the base. “I began to feel like a cruel oppressor who had destroyed the lives of these proud people.
“Our unit did a lot of good things, giving schools books and bringing clothes to children,” he said. “These actions helped my conscience a bit, but I kept thinking to myself, ‘Had we not invaded, would these people need this aid now?’ ”
Shepherd began researching for himself not just the causes of the Iraq War, but the wider War on Terror. As inconsistencies in the official story emerged, the reasons for which he joined the military lost credence. As the myth of Weapons of Mass Destruction evaporated, so too did his faith in the mission.
“Saddam Hussein was admittedly a dictator,” Shepherd said. “However, he was not leading his country to produce any sort of weapon that could be used against the United States government and its citizens.
“When I asked my sergeant about this, he told me that many in the Army also had questions, but it was their duty to serve,” he said. “That may be true, but signing up voluntarily does not mean I should stop thinking or having a conscience.”
Upon his return to Germany at the end of the deployment, Shepherd began to investigate the options available to an American soldier who questions the morality of war. He spoke with a superior about conscientious objection, but was told the process was lengthy and his application would probably be denied.
U.S. military regulations also state a conscientious objector must have an objection to all war in all form. Since Shepherd’s objection was not in opposition to all war, his application would have required lying, which would have compromised the moral composition of his argument.
After months of deliberations, finding no suitable avenue in the Pentagon’s serpentine regulations, he packed his things on April 11, 2007, and went Absent Without Leave from his Katterbach base in the middle of the night.
He has lived underground in Germany for nearly two years, waiting for his unit to return from yet another Iraq deployment, but such a vaporous life can only be lived for so long.
Roughly 50 American service members are currently living in Canada, many of whom are pursuing asylum. Shepherd’s decision to pursue a similar status is the first of its kind by an American Iraq War veteran in Europe.
Seeking asylum in Germany is partially a matter of geographic convenience, but political matters also strengthen the case. A majority of Germans are against the war in Iraq, and German soldiers have never been deployed to Iraq in support of the conflict.
This disposition came to a head in 2005, when the German Federal Administrative Court officially declared the Iraq War violated international law, citing the assault launched by the United States as an act of aggression.
A German army officer had refused an order to develop a computer he feared would be utilized by the United States against Iraq. He was demoted and a criminal complaint was filed against him for insubordination. The federal court reversed the demotion because the charges contravened a paragraph in the German Constitution guaranteeing the right to freedom of conscience.
Shepherd’s application also cites a European Union regulation providing refugee status to a soldier who is in danger of being prosecuted if military service “would include crimes or acts” which violate international law. The application refers to the Nuremberg Trials, stating “It is established that a person cannot defend his or her actions by explaining that they had simply been following orders.”
In effect, Shepherd’s asylum application calls on Germany to clarify the nature of its opposition to the war in Iraq. The United States utilizes German airspace on a daily basis to carry out operations vital to the war, and U.S. bases within the country are home to roughly 60,000 American service members.
“We should not be forced to fight an illegal war, nor should we be persecuted for refusing to do so,” Shepherd said. “During the past five years we have waged a preemptive, internationally condemned war that was shown to be founded on a series of lies. After learning the truth about the nature of my military’s endeavors, I refuse to continue to be a part of this.”
My name is Ryan Johnson, and I am a war resister applying for refugee status in Canada. I would just like to give Andre my full support and let him know that even though he is the first to apply for status in Europe he is not alone there are many people resisting this illegal occupation. All of us may not be seen, but all of us are heard through our lack of cooperation with this war and our willingness to put everything on the line for what is right. We may be all over the world in our decisions but we all stand together in solidarity against tyranny and occupation.
Peace, and Solidarity
Ryan Johnson
Just wanted to say I'm proud of Andre and all of the war resisters who are standing up and refusing to do what is wrong.
J. M. Branum
www.jmbzine.om
I believe the biggest issue at hand here is whether an individual can be forced to participate in illegal actions per se or not, no matter how they get drafted, recruited etc.... (Let's remember that the social problems in the USA encourage people with low wage to enter the military much more readily than those who have more money or a better education)
The jurisdiction of course is a tangible issue since courts in the USA will very very unlikely ever come to the - in my opinion correct conclusion - that the war against the Iraq and its people was against several laws. After all there are vested commercial interests against such a decision.
If that would have been the case, though, noone could force them to participate and condone (in) illegal actions.
Realistically speaking I think the german courts will however rule that he is a full part of the US military forces and as thus subject to US laws (as long as he will not be criminally or unlawlfully prosecuted. I am not entirely sure of the military law in the US though, because in theory I believe the US even has the death penalty for military-style tribunals, which would be a problem since Germany would not send people away to governments who can kill people, even if that would never be used in such a case. The theory is what counts here. After all, people are not sent back to China when facing death penalty either.)
It is absolutely right to resist an unjust war, and also to harbor those who do so.
The United Nations calls on all nations to provide refuge to soldiers who refuse to particiapte in wars that are "widely condemned by the international community."
We applaud all the soldiers who have the courage to stand up for their beliefs. And we are grateful to all the good people in Germany, Canada and elsewhere who are working so hard to provide sanctuary to soldiers who say NO. This is true international solidarity.
We in the U.S. will do all we can to support GI resisters as well, including fighting for their right to return to the U.S. without any punishment. The struggle for amnesty in the U.S. and international sanctuary is important and deserves all our support.
Kudos to Andre Shepherd and the Military Counseling Network! Keep up the good fight!
Gerry Condon
Project Safe Hafen
www.SoldierSayNo.blogspot.com
tel: 206-499-1220
The U.S. presence in Iraq is not an illegal occupation, it is not unjust, and it is not wrong. Get over yourselves and your lame terminology. Furthermore, good riddance to Andre Shepherd! I wish him well in Germany.
Correction: committed withOUT evidence or provocation. War crimes and crimes against humanity were also committed, in the dropping of white phosphorous on Fallujah, in the killing of civilians there, in the cover-ups of rape and murder and in the massacre of civilians, and in the intentional destruction of civilian infrastructure.
All these actions are illegal under international law, which the US flouts to keep feeding its need for oil and imperialist domination.
Says US Constitution, Article Six:
... " and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding".
The US, together with hundreds of nations, adhered to the Geneva Convention, which forbides a war of aggression.
Therefore, such assault, the Iraq invasion, is illegal FIRSTLY according with US Law.
More, the US is also a signatary member of the statutes from the Nuremberg Trials which happenned just after WW2 to trial the Nazi leadears, whose allegations were that they were obliged to abide to the criminal orders to commit mass killings. From such Nuremberg Trials rose to the status of International Law, this: ... “It is established that a person cannot defend his or her actions by explaining that they had simply been following orders.”
Yes, Andre is right, otherwise he would be commiting a crime under US law; no one can be obliged to become a criminal.
Francisco Almeida.
BRAZIL.
My name is Jason LaGow a combat veteran I am a current student at the uw school system. I am proud of people like andre shepherd. I wish I had half the balls you have I have diagnosed ptsd and am medically retired. All those that oppose this bullshit war and the bush adminsitration. Keep up the good fight. www.ivaw.org
You are a coward. That is the real reason you have deserted. When you sign on the dotted line you do not get to pick and choose what war you like. Your job is to follow orders, not run like a little girl. If you do not like what you are doing the military does have a conscience objector law in the UCMJ. But you do not desert. You are a disgrace to the uniform you once wore, and all the men that died. Do you think they wanted to be there too. You are nothing more that a coward. I would not follow you into a store let alone combat. Same goes for all of you who you try the same thing as this coward. Resiting the war is only a copout for being a pansy coward.
What is bravery? Is it to kill for a cause you no longer believe in? Is it to let yourself be tried by a system you believe corrupt?
This man has instead walked into a foreign court allied to the nation he deserted, and asked them to judge not only his own actions but also those of his country.
He has placed both himself and his nation on trial, earning himself the enmity and hatred of many who call themselves patriots.
That is not an act to be taken lightly.
you all are blind and have no idea what you all (resisters) are talking about, you say you applaud Andrea, ummm look at when he enlisted...2004...hmmm werent we already at war with Iraq at the end of 2002, early 2003... wow seems to me that he knew what he was getting into... if he had the thought that he has now, he wouldnt have joined up, he would of stayed back in the states and worked as a broke *** civilian making minimum wage not going anywhere with his life...the Army which he enlisted in, gave him all the essentials he needed to improve and better his pathetic life, while supporting and defending his country. maybe that was his original plan, but i highly doubt that HONOR, COURAGE, OR COMMITMENT was on his mind to support his constitution, his country, and his countrymen in a time of war. all you resisters have your head way to high in the clounds and only react the the media coverage you see everyday, what u dont realize is that the media isnt the men and women fighting this war, its our military. you dont support the Bush administration...fine but instead support out troops who offer their lives everyday to protect YOU and your rights.
you all are acting like kids,
a country made up by war must be maintained by war
and this is sad
why dont the government make robots and make them fight and kill another enemy robots, those will be perfect right?,
leave the computer now and make some bright future for your families and the world.
Andre' Shepard was an excellent war leader, he was in terrible battles in the middle east, later became the first refugees from Iraq in Europe, marking an event in the world, his desire was to be in Germany. He always used Generic Viagra before the battles.
Andre, become one of jehovah's witnesses. its a guaranteed walk. but you need to be opposed to all war in all forms, (except of course war by christ jesus on all this wicked world rulership.) AND you will get the benefit of living forever in paradise when war will be no more! you cant lose. Isa 2v2-4