U.S. deserter wins appeal in fight for refugee status

[kpete]

U.S. deserter wins appeal in fight for refugee status
TU THANH HA

From Saturday's Globe and Mail

July 4, 2008 at 9:47 PM EDT

The Immigration and Refugee Board was wrong when it decided that an American deserter couldn't claim refugee status in Canada because the military transgressions he was evading weren't severe enough to be war crimes or crimes against humanity, the Federal Court ruled Friday.

The judgment lowers one of the bars that the recent wave of American deserters need to clear when they seek asylum in Canada.

It said that dodging orders that are “contrary to the basic rules or norms of human conduct” is enough grounds to apply for refugee protection.

“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,” wrote Mr. Justice Robert Barnes, who is also a court-martial appellate judge.

more at:
http://www.theglobeandmail.com/servlet/story/RTGAM.20080704.wclaim05/BNStory/National/?page=rss&id=RTGAM.20080704.wclaim05

[gratuitous]

1. Uh oh

This won't go over well with the acolytes of the High Church of Redemptive Violence, who prefer endless squabbling over how many detainees can dance on the end of an alligator clip to being held to actual legal standards.