Jeremy Dean Hinzman (born 1979 in
Rapid City
Rapid City ( lkt, link=no, Mni Lúzahaŋ Otȟúŋwahe; "Swift Water City") is the second most populous city in South Dakota and the county seat of Pennington County. Named after Rapid Creek, where the settlement developed, it is in western So ...
,
South Dakota
South Dakota (; Sioux: , ) is a U.S. state in the North Central region of the United States. It is also part of the Great Plains. South Dakota is named after the Lakota and Dakota Sioux Native American tribes, who comprise a large porti ...
) is an
Iraq War resister who was the first American
deserter
Desertion is the abandonment of a military duty or post without permission (a pass, liberty or leave) and is done with the intention of not returning. This contrasts with unauthorized absence (UA) or absence without leave (AWOL ), which ...
to seek
refugee status in
Canada
Canada is a country in North America. Its ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, covering over , making it the world's second-largest country by tot ...
.
He enlisted in the
U.S. Army
The United States Army (USA) is the land service branch of the United States Armed Forces. It is one of the eight U.S. uniformed services, and is designated as the Army of the United States in the U.S. Constitution.Article II, section 2, cl ...
as a
paratrooper
A paratrooper is a military parachutist—someone trained to parachute into a military operation, and usually functioning as part of an airborne force. Military parachutists (troops) and parachutes were first used on a large scale during Worl ...
with the
82nd Airborne Division and
deserted in 2004 to avoid participating in the Iraq War. "He fled to Canada with his wife and preschool-age son. Now living in
Toronto
Toronto ( ; or ) is the capital city of the Canadian province of Ontario. With a recorded population of 2,794,356 in 2021, it is the most populous city in Canada and the fourth most populous city in North America. The city is the anch ...
and working as a bike courier, Hinzman faces a
court-martial and a
possible five-year prison sentence
In law, a sentence is the punishment for a crime ordered by a trial court after conviction in a criminal procedure, normally at the conclusion of a trial. A sentence may consist of imprisonment, a fine, or other sanctions. Sentences for multip ...
if he returns to the United States. Hinzman said he sought
refugee status because he opposed the
war in Iraq
This is a list of wars involving the Republic of Iraq and its predecessor states.
Other armed conflicts involving Iraq
* Wars during Mandatory Iraq
** Ikhwan raid on South Iraq 1921
* Smaller conflicts, revolutions, coups and periphery confli ...
on
moral grounds and argued the
U.S. invasion violated
international human rights standards."
He was one of the first to have his application for refugee status rejected—a decision he unsuccessfully appealed to the
Federal Court and the
Federal Court of Appeal
The Federal Court of Appeal (french: Cour d'appel fédérale) is a Canadian appellate court that hears cases concerning federal matters.
History
Section 101 of the Constitution Act, 1867 empowers the Parliament of Canada to establish "addit ...
. His request to
appeal the decision to the
Supreme Court was rejected in November 2007. At that time, he filed for a pre-removal risk assessment with
Citizenship and Immigration Canada
Immigration, Refugees and Citizenship Canada (IRCC; french: Immigration, Réfugiés et Citoyenneté Canada)Immigration, Refugees and Citizenship Canada is the applied title under the Federal Identity Program since 2015; the legal title is Departm ...
, which determines if a denied
refugee applicant would be subject to torture, death or a risk of
cruel and unusual treatment or punishment if returned to their country of origin.
Distinct from his application for refugee status, he also filed for
permanent residency
Permanent residency is a person's legal resident status in a country or territory of which such person is not a citizen but where they have the right to reside on a permanent basis. This is usually for a permanent period; a person with suc ...
on "
humanitarian and compassionate grounds."
Using this approach, he achieved a major step forward on July 6, 2010.
Military service
Jeremy Hinzman voluntarily joined the U.S. Army early in 2001, completing
basic combat training and airborne school in
Fort Benning, Georgia
Fort Benning is a United States Army post near Columbus, Georgia, adjacent to the Alabama–Georgia border. Fort Benning supports more than 120,000 active-duty military, family members, reserve component soldiers, retirees and civilian employees ...
.
Along with his wife, Nga Nguyen, he began attending meetings of the
Religious Society of Friends
Quakers are people who belong to a historically Protestant Christian set of Christian denomination, denominations known formally as the Religious Society of Friends. Members of these movements ("theFriends") are generally united by a belie ...
in January 2002. His newfound
pacifist beliefs and the birth of his son, Liam, in May 2002, were among the reasons he cited for applying for
conscientious objector status in August 2002.
Amnesty International notes that Hinzman "took reasonable steps to register his conscientious objection through seeking non-combatant status in
ugust2002, an application which was rejected
pril 2003"
This means that he tried for eight months, unsuccessfully, to be officially and ''legally'' referred to as a
"conscientious objector".
His unit was deployed to take part in the
war in Afghanistan
War in Afghanistan, Afghan war, or Afghan civil war may refer to:
*Conquest of Afghanistan by Alexander the Great (330 BC – 327 BC)
* Muslim conquests of Afghanistan (637–709)
*Conquest of Afghanistan by the Mongol Empire (13th century), see al ...
later in 2002. Hinzman fulfilled a
non-combat role there while his conscientious objector application was being processed. It was ultimately denied, and he then returned to his regular unit, serving as its
armorer
Historically, an armourer is a person who makes personal armour, especially plate armour. In modern terms, an armourer is a member of a military or police force who works in an armoury and maintains and repairs small arms and weapons systems, ...
. When his unit received orders to join in the
Iraq War
{{Infobox military conflict
, conflict = Iraq War {{Nobold, {{lang, ar, حرب العراق (Arabic) {{Nobold, {{lang, ku, شەڕی عێراق ( Kurdish)
, partof = the Iraq conflict and the War on terror
, image ...
, Hinzman deserted, crossing the border into Canada with his wife and son.
Life in Canada
He filed a refugee claim upon his arrival in Canada, in January 2004. He was
one of at least 28 soldiers actively seeking refugee status in Canada after deserting the United States military out of opposition to the
Iraq conflict
Iraq,; ku, عێراق, translit=Êraq officially the Republic of Iraq, '; ku, کۆماری عێراق, translit=Komarî Êraq is a country in Western Asia. It is bordered by Turkey to Iraq–Turkey border, the north, Iran to Iran–Iraq ...
. While waiting for various legal decisions to be made on his case, Hinzman and his family continued to live in
Toronto
Toronto ( ; or ) is the capital city of the Canadian province of Ontario. With a recorded population of 2,794,356 in 2021, it is the most populous city in Canada and the fourth most populous city in North America. The city is the anch ...
,
Ontario
Ontario ( ; ) is one of the thirteen provinces and territories of Canada.Ontario is located in the geographic eastern half of Canada, but it has historically and politically been considered to be part of Central Canada. Located in Central C ...
. Hinzman, along with fellow
deserter
Desertion is the abandonment of a military duty or post without permission (a pass, liberty or leave) and is done with the intention of not returning. This contrasts with unauthorized absence (UA) or absence without leave (AWOL ), which ...
Brandon Hughey, has become a popular figure in the
anti-war movement
An anti-war movement (also ''antiwar'') is a social movement, usually in opposition to a particular nation's decision to start or carry on an armed conflict, unconditional of a maybe-existing just cause. The term anti-war can also refer to p ...
. He occasionally travels to other Canadian cities to speak on
campuses and at
peace rallies. Hinzman has also drawn criticism, and during his hearing stated that he has received
death threat
A death threat is a threat, often made anonymously, by one person or a group of people to kill another person or group of people. These threats are often designed to intimidate victims in order to manipulate their behaviour, in which case a de ...
s from American
citizens.
If and when his legal options are exhausted, Hinzman will then face the prospect of deportation from Canada and extradition to U.S. military custody. If he is ultimately deported, he faces
court-martial in the U.S. Army. If the Army pursues a general court-martial, he could be sentenced to the punishment of up to five years in prison and a
dishonorable discharge
A military discharge is given when a member of the armed forces is released from their obligation to serve. Each country's military has different types of discharge. They are generally based on whether the persons completed their training and the ...
for the crime of "
desertion with intent to avoid hazardous duty or to shirk important service."
In a 12 May 2005 media briefing,
Amnesty International stated:
Amnesty International considers Mr Jeremy Hinzman to have a genuine conscientious objection to serving as a combatant in the U.S. forces in Iraq. Amnesty International further considers that he took reasonable steps to register his conscientious objection through seeking non-combatant status in 2002, an application which was rejected. Accordingly, should he be imprisoned upon his return to the United States, Amnesty International would consider him to be a prisoner of conscience.
Experience with the Canadian legal and political systems
Hearing at the Immigration and Refugee Board of Canada
Hinzman's first hearing was held from December 6 to December 8, 2004, at the
Immigration and Refugee Board of Canada
Immigration is the international movement of people to a destination country of which they are not natives or where they do not possess citizenship in order to settle as permanent residents or naturalized citizens. Commuters, tourists, a ...
(IRB), presided over by
Coram Brian P. Goodman. It was the first of similar refugee applications.
His lawyer,
Jeffry House
Jeffry A. House (born December 29, 1946) is a retired lawyer who practiced in Toronto, Ontario, Canada. He is best known for his efforts on behalf and representation of fugitive American soldiers and Indigenous protesters.
American soldiers
...
, pointed out
a precedent set by
federal court Judge Arthur Stone in 1995 who approved refugee status for a deserter from Iraq's 1990
invasion of Kuwait
The Iraqi invasion of Kuwait was an operation conducted by Iraq on 2 August 1990, whereby it invaded the neighboring State of Kuwait, consequently resulting in a seven-month-long Iraqi military occupation of the country. The invasion and Ira ...
. Stone wrote, "There is a range of military activity which is simply never permissible in that it violates basic international standards. This includes ... non-defensive incursions into foreign territory."
The case of Iraq War resisters became more than a legal issue when Canadian government lawyers entered the situation and presented arguments to the IRB adjudicator just before this precedent-setting hearing. "Government lawyers argued at Hinzman's immigration hearing that
the entire question of the war's legality was 'irrelevant.'... The federal immigration officer adjudicating the case
rian P. Goodmanagreed. He ruled
ovember 12, 2004that Hinzman may not use the legal basis of the Iraq War to justify his...claim."
The claim for refugee status was ultimately rejected.
The government at the time was the
Liberal Party of Canada led by
Prime Minister
A prime minister, premier or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. Under those systems, a prime minister i ...
Paul Martin
Paul Edgar Philippe Martin (born August 28, 1938), also known as Paul Martin Jr., is a Canadian lawyer and politician who served as the 21st prime minister of Canada and the leader of the Liberal Party of Canada from 2003 to 2006.
The son o ...
; and the lawyer representing that government's
Minister of Citizenship and Immigration
The minister of immigration, refugees and citizenship (french: Ministre de l'immigration, des réfugiés et de la citoyenneté) is a minister of the Crown in the Canadian Cabinet. The minister is responsible for Immigration, Refugees and Citi ...
,
Judy Sgro
Judy A. Sgro (born December 16, 1944) is a Canadian politician. A member of the Liberal Party of Canada, she currently represents the electoral district of Humber River—Black Creek in the House of Commons of Canada. Sgro currently serves a ...
, was Janet Chisholm.
Reporting on Goodman's decision, the
BBC #REDIRECT BBC #REDIRECT BBC
Here i going to introduce about the best teacher of my life b BALAJI sir. He is the precious gift that I got befor 2yrs . How has helped and thought all the concept and made my success in the 10th board exam. ...
...
stated that the ruling "did not come as a surprise...
case of ''Hinzman v. Canada'', 2006 FC 420,
and released her ruling on 31 March 2006, upholding the decision of the Immigration and Refugee Board.
In her decision, Mactavish addressed the issue of personal responsibility as follows:
, expressed concern that Mactavish's decision sets a precedent whereby "those at senior levels who have an objection to war may
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"The main arguments advanced by Hinzman's lawyer,
, [were] that the war in Iraq is against international law and that Hinzman ... would have been forced to participate in unlawful acts had he gone."
refused an application to have the Court hear the case on appeal, without giving reasons.
In an editorial for the
granted refugee status to a deserter from Iraq.
asked the parliamentary Standing Committee on Citizenship and Immigration to vote in favour of allowing
s who refused or left U.S. military service in Iraq to be allowed to stay in Canada.
On 6 December 2007, after some amendments to Chow's original motion, the Standing Committee adopted a motion recommending that:
passed a motion (137 to 110) that recommended the government immediately implement a program which would "allow conscientious objectors...to a war not sanctioned by the
...