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Army Deserter Seeks Asylum in Germany

AWOL soldier says Iraqi war violates international law

By Nick McMaster,  Newser Staff

Posted Dec 3, 2008 7:08 PM CST

(Newser) – Specialist André Shepherd has become the first US military deserter to apply for political asylum in Germany, Der Spiegel reports. Shepherd, who disobeyed orders to redeploy to Iraq from Germany in the spring of 2007, argues in his petition that the Iraq war violates international law. "If I carried out my orders, it would make me a criminal," said the 31-year-old Cleveland native.


Shepherd has a reasonable chance for a favorable ruling: a court last year reversed the demotion of a German military officer who refused to work on a computer program that would have been used to manage operations in Iraq. The judges wrote at the time that they had “serious reservations” about the Iraq war’s legality. If his legal bid fails, Shepherd will likely be deported to the US and sent to military prison.

U.S. Army Spc. Alexander McMillan, 22, stands guard near a Sons of Iraq checkpoint guarded by a U.S.-backed Sunni fighter in the village of Abu Seeyah in Diyala province, Iraq, Dec. 3, 2008.
U.S. Army Spc. Alexander McMillan, 22, stands guard near a "Sons of Iraq" checkpoint guarded by a U.S.-backed Sunni fighter in the village of Abu Seeyah in Diyala province, Iraq, Dec. 3, 2008.   (AP Photo/Maya Alleruzzo)
A US soldier is applying for political asylum in Germany.
A US soldier is applying for political asylum in Germany.   (Shutterstock)
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No one, not even the guys who were out on patrol every day, the pilots who risked their lives with each mission, had an answer to the question of what exactly we were doing in this foreign country.
- André Shepherd,
AWOL from the US Army

If Shepherd stands a chance of gaining asylum anywhere, it's in Germany. It was concluded during the Nuremberg trials that no one can abdicate responsibility for his actions by claiming to have followed orders.
- Tim Huber, anti-war activist

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COMMENTS
Showing 3 of 5 comments
Shannonals
Dec 5, 2008 6:55 AM CST
All this man deserve is a bad conduct discharge and his citizenship revoked. The man is a specialist, meaning he's been in the miliatry lomn enough to have served out his original contract, and he had the option to leave.
justme
Dec 4, 2008 8:26 PM CST
Actually, I'm hoping the German's give him sanctuary. Why spend the money to lock him up. He has made his choice which has put him in opposition to the vow he took upon entering the military.
Guest
Dec 3, 2008 9:38 PM CST
Bad news for him.

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