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Bring Our Troops Home? What About Deserters?

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Since the beginning of the Iraq War, Canada has hosted a number of Americans who have decided that they no longer wish to serve in the U.S. military and deploy to Mess-o-Potamia for a first, second, or third tour.

Do American servicemen and women have the right to take this course of action if they believe the war to be wrong?

No.

Before I continue, a little background information may be necessary.

This is not the first time that our neighbors to the north have provided a haven for reluctant warriors. During the Vietnam War, many Americans fled to Canada to find sanctuary from what they considered to be an unjust conflict. The majority of these “refugees” sought to escape the draft, while the rest were a mixture of volunteers and men who had already been conscripted into the armed forces.

Most Canadians opposed America’s war in Southeast Asia and welcomed the deserters with open arms. Members of Parliament counted themselves among these benevolent hosts, and Pierre Trudeau, Canada’s prime minister, declared in 1969 that his country is to be “a refuge from militarism.”

Although the Canadian government and the majority of its citizens have voiced their opposition to the Iraq War – much as they did during Vietnam – the similarities between the two eras end there.

For one thing, the government and supreme court of Canada have been less hospitable to deserters than their predecessors of a generation past. The High Court has refused to hear the appeals of American servicemen who have attempted to apply for refugee status. Prime Minster Stephen Harper and his Conservative government have given a frosty welcome to the deserters. Indeed, Conservative politician Laurie Hawn spoke for many when she asked, “Why do they not fight it within their own legal system instead of being faux refugees in Canada?”

At this point, the Canadian government has not deported a single American, but the legal noose is tightening. The nation’s immigration agency has already told nine deserters to split, causing them to seek redress in the courts. Changes have been made to Canada’s immigration laws to make it harder for deserters to stay. For instance, Americans seeking temporary legal status must qualify as refugees, but in order to do this, the “refugees” must be able to prove that they are suffering from a “well-founded fear of being persecuted” because of their religion, race, or political beliefs. This is a difficult thing to prove for obvious reasons.

Another significant difference between the Iraq and Vietnam eras is that the number of American deserters in Canada today is around 200 – a fraction of the 30,000-40,000 who sought refuge during the previous conflict.

And then there is the issue of the draft. The U.S. military does not have conscription today, as opposed to the Vietnam era. This means that every person who deserted in order to avoid serving in Iraq is a volunteer – a fact that has not been lost on many Canadians.

Like many Americans, I believe that the invasion of Iraq was unnecessary, poorly planned, and badly executed. However, I disagree with antiwar activists who say that the “illegitimacy” of this war gives servicemen the right to bail out on their commitments and seek sanctuary in Canada.

For one thing, as I mentioned above, all of these deserters volunteered to serve their country. Nobody forced them to join up. Cindy Sheehan’s ranting aside, these people hardly qualify as victims. I could sympathize with draftees – men who were forced to serve against their will – but I draw the line with volunteers. It goes without saying that if you choose to join the military, then you had better be prepared for anything.

There is also the chain of command to consider. If soldiers could choose which conflicts to fight in – as Lt. Ehren Watada attempted to do – or to not fight at all, we would not have an effective military. When you are in the service, you have to obey orders handed down by your superior officers unless those orders involve illegal acts such as torture or the slaughter of women and children. As “Government Issue,” you possess few rights, and none of these allow you to quit serving just because you feel that a particular military action is wrong. After all, the opinions of you and your parents no longer apply in these matters – your dear Uncle Sam is the only one who has any say.

The excuses many deserters give for their behavior are pathetic. For example, in an interview with the New York Time, James Glass, a member of the National Guard who fled to Canada while on leave from Iraq, said that he asked his recruiters if he would ever have to fight and “They told me I’m not going to fight a war on foreign shores.”

Anyone this gullible who joins the military is asking for trouble.

Jeremy Hinzman, an Army deserter who served in Afghanistan and left for Canada after learning that his unit was going to Iraq, told an interviewer, “No matter how much I wanted to, I could not convince myself that killing someone was ever right.”

Although it is too late for Mr. Hinzman, here’s a helpful hint to everyone else: If you think killing is wrong, do not join the military. As far as I know, the only army that does not train its employees to kill is the Salvation Army.

Ironically, if military members expressed their opposition to the war by accepting jail terms rather than fleeing to Canada, their actions would engender more sympathy and outrage on their behalf. Ordinary citizens would be more inclined to admire warriors who choose imprisonment over desertion – and ask questions about whether or not our government should be pursuing the kinds of policies that got these patriots into this kind of situation to begin with.

As it stands, however, those who desert are neither heroes nor victims. They are nothing more than volunteers who turned their backs on their fellow soldiers and chose to abandon the country they swore an oath to serve rather than take responsibility for their actions. Instead of receiving praise and sympathy, these people should spend the better part of their lives in the stockade.

Also, it should be noted here that support for these deserters among certain segments of the population is nothing more than a cover for what amounts to gross irresponsibility on the part of the American people. As citizens of a democracy, it is our duty to demand a thorough public debate over the legitimacy of any potential conflict. We must decide together whether or not a particular war is worth waging before we embark upon it, not after.

This did not happen in the run-up to the war in Iraq. Since they did not expect the impending conflict to affect them in any significant way, Americans were all too eager to eat up the sweet claims that the War Party dished out and neglected to ask the tough questions.

Hannah Arendt once wrote that freedom is nothing if not participation in political government. If this is true, then many Americans have chosen not to be free.
Comments
#1 | ethwc on July 14 2008 06:16:28
I find nothing to add to this. Well written and expressed, couturma
#2 | couturma on July 14 2008 07:38:31
Thanks ethwc. I want to thank you for pointing out in the stop-loss thread that if soldiers willingly went to jail for their beliefs, they might get more sympahty and support from the broader population. I agreed and put it in the article.
#3 | rwahrens on July 14 2008 08:56:35
I am not sure if there is a real difference as to whether there is a difference between whether and how much jail time is deserved for the deserters that end up in Canada or the ones that end up in jail. A deserter is a deserter. They have BOTH gone back on their sworn word and deserted their comrades-in-arms just when it came time to stand up to be counted.

I can respect somewhat the ones that choose to go to jail - at least they are willing to take the consequences for their refusal. The others are nothing but contemptible. But in the final analysis, they BOTH cut and ran! It is a difference in how far and in how they met the consequences or not.

We must decide together whether or not a particular war is worth waging before we embark upon it, not after.


Another important concept that was not followed in this war.

A difference between us is that I do not consider a draftee as being any better a deserter than a volunteer. Even having been coerced, that coercion is legal and authorized by the legal representatives of our people, and a draftee takes the same oath that the volunteers do. The time to refuse anything is before, not after the oath is taken.
#4 | couturma on July 14 2008 09:02:36
They have BOTH gone back on their sworn word and deserted their comrades-in-arms just when it came time to stand up to be counted.

I agree, but i have more respect for the person who accepts jail for his actions.
A difference between us is that I do not consider a draftee as being any better a deserter than a volunteer. Even having been coerced, that coercion is legal and authorized by the legal representatives of our people, and a draftee takes the same oath that the volunteers do.

I want to stress here that I only said that I would sympathize more with a draftee, but do not believe that such a person would have the right to flee to canada. And you're right, i do disagree with you in that in my eyes, a draftee is "better" (to use the term relatively) than a deserter, because at least he did jump into a situation without foresight.
The time to refuse anything is before, not after the oath is taken.

You're right about that. Muhammad Ali did this.
Overall, what did you think of the article?
#5 | rwahrens on July 14 2008 09:09:00
Well written, and very similar to what the Post wrote.

I think the Post emphasized the different political orientation of the two Canadian governments between the Vietnam era and today, tho, which I think explains much of the difference in attitude between then and now. Your article didn't make that difference very clear.
#6 | couturma on July 14 2008 09:22:48
Your article didn't make that difference very clear.

Fair enough, readers will still get my point.
I actually stumbled on the post article by accident. I had actually been planing this article for a long time and was spurred to do it by a recent New York Times article on this issue. Both articles were helpful. Another good article was one by peter worthington of the toronto sun called "yankee deserters go home."
#7 | rwahrens on July 14 2008 10:47:29
Another good article was one by peter worthington of the toronto sun called "yankee deserters go home."


I think that one, at least the title, seems to indicate that there is less welcome by normal Canadians, and not just the government, wouldn't you say? That might also be a byproduct of the more conservative bent of the Canadian people, as evidenced by a more conservative government.
#8 | couturma on July 14 2008 15:37:54
I think that one, at least the title, seems to indicate that there is less welcome by normal Canadians, and not just the government, wouldn't you say?

Ok, you got me. Canada's govt was more liberal back then. I probably should have mentioned that Trudeau was liberal. Not that big a deal though.
#9 | joel on July 14 2008 17:41:57
As a Canadian-US dual national, I have to weigh in on this.

I can appreciate some of your points (I agree that going to jail would be more politically effective - though I'm not willing to make that decision for someone else). But your general characterization of war resisters seems to be based on sound bytes more than a careful review of their cases. Remember that these are young servicemen and women, not politicians or trained public speakers. Take a closer look and you'd see that most of them have already served combat tours, and most tried every possible legal avenue to get out of the military before defecting. Some indicate that they were indeed ordered to commit war crimes (like collective punishment and firing on civilians), and some were facing redeployment in spite of suicidal thoughts and other serious manifestations of PTSD. To the credit of Canadian immigration authorities, they understand this and each case is being reviewed individually.

This issue has also raised deeper concerns about the state of democracy in Canada. The ruling government is conservative, but is also a minority government and rather unpopular. In fact, a resounding majority of Canadians support asylum for war resisters, and Parliament's June 3 motion welcoming deserters was the result of public pressure more than the fancy of leftist parties. Two war resisters (Corey Glass and Joshua Key) have also won favorable court rulings in recent weeks. Yet the Harper government has made it clear that it will ignore the will of the people, a Parliamentary motion, the legal issues raised by recent federal court decisions, and the pleas of Amnesty International. Ultimately, I believe this democracy deficit will repair itself and Harper's arrogance will backfire... but perhaps not before several of these young people are deported.
#10 | couturma on July 14 2008 17:57:51
But your general characterization of war resisters seems to be based on sound bytes more than a careful review of their cases.

That's funny. Most of the cries on the deserters' behalf from antiwar activists sound like sound bites too.
I can't speak for the political situation in your country, but in America, all recruits know (or should know) that when they volunteer to serve in the military, they are bound to a MINIMUM of eight years or otherwise to the needs of the service in wartime unless circumstances prevent this (see my "stop-loss" article if you want more info on this).
Although it may be true that some of these deserters were ordered to commit war crimes (although I suspect the majority were not), we have a legal system to take care of that and see to it that those officers and NCO's who ordered or condoned such atrocities be brought to justice. Btw, according to the Uniform Code of Military Justice, soldiers are by law not required to obey unlawful orders. In fact, they are supposed to DISOBEY them.
The fact that some of these deserters have already served tours in Iraq or Afghanistan is beside the point. After all, THAT IS THEIR JOB. If any are suffering from PTSD or other war-related ailments, I can only hope that our military is giving them the treatment they need.
As I stated above, I would be more sympathetic, although I agree (with some reservations) with R that even draftees are still bound by the law. However, these are people willingly signed an enlistment contract and are thus bound by it. If they can find a legal way to get out of the military, fine. But if they can’t, I don’t know what to say except that they should serve til the end of their terms.
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