Since the start of military action in Iraq, there have been a number of deserters from the U.S. military running to Canada hoping to escape prosecution.
The good news is at least one such deserter just had his case for asylum denied by a Canadian court. There are several others that have applied for asylum and their cases should also be denied. The bad news is that Canadian law allows appeal after appeal and so these deserters are likely to tie up our courts - and be free to live here - for a few years before finally having to face justice in the U.S.
The basis of their claim? That the action in Iraq is illegal. Whether one considers that a fact or nonsense is a separate issue, however it has no bearing on a "right" to desert. These soldiers are trying to have it both ways - join a voluntary military (and enjoy free university), but not actually have to fight if called on to do so. The military has one purpose - to fight for the defense of a nation. Having soldier's that run away instead of fighting when called on kind of defeats the purpose of having a military.
During the Viet Nam conflict, the U.S. had a draft - conscription. If you did not volunteer service, your were forced into it. This is a blatant violation of the individual rights the U.S. was founded on - a claim by the state that they own your life instead of you. As such, it was perfectly moral for draftees to run in order to protect their own lives and, as such, when there is conscription, I personally welcome any and all draft-dodgers able to make their way here.
But there is no conscription now (and hopefully never again). One is not required to provide military service. Doing so is completely voluntary, but for that reason, one is also expected to uphold their end of that voluntary contract. Violating it, by deserting, deserves prosecution.
In any civilized country such as the U.S., a soldier has the right, and in fact the duty, to refuse to carry out an order if he believes that order is illegal or immoral. In other words, a soldier cannot claim "just following orders" to justify illegal or immoral acts. However, a soldier better be right because in refusing such an order, it is also proper for him to face military justice in order to establish the rightness of his claim. He cannot refuse an order on whim, and he cannot decide, contrary to his nation's laws, what is legal or illegal.
The action in Iraq was perfectly legal by the laws of the United States - the very laws under which he volunteered his services to the military. There is no basis for subsequently claiming it is illegal under any other law because he did not volunteer, let alone be drafted, under any other law.
In summary, it is perfectly within his choice to refuse service, thereby violating his military cotnract, but only if he is also willing to face the just consequences of his actions for doing so. Running away to live here in Canada is the action of a coward, not a conscientious objector.
