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Andre ShepherdThe first American deserter
Country:
 Iraq |
Content:
- André Shepherd: The First American Deserter
- Military Service
- Asylum Seeker in Germany
- Legal Case
- Public Recognition and Awards
André Shepherd: The First American Deserter
André Shepherd, a former U.S. Army specialist and deserter, submitted an asylum application in Germany on November 26, 2008. He became the first Iraq War veteran to be granted refugee status in Europe and only the second U.S. soldier ever to seek asylum in Germany.
Military Service
After graduating college, Shepherd enlisted in the U.S. military in early 2004. He claims to have been lured by promises of financial security and international adventure. Shepherd trained as an Apache helicopter mechanic, hoping to eventually qualify as a helicopter pilot. His unit was deployed to Iraq upon his completion of training. Shepherd spent six months at a forward operating base near Tikrit, working 12-hour shifts to keep the heavily armed Apaches (and their signature Hellfire missiles) in the air.
Asylum Seeker in Germany
Returning to his unit stationed in Katterbach, Bavaria, he began to deeply contemplate the effects of U.S. military actions on Iraqi civilians. "I came to the realization that if I re-deployed, I would be complicit in the deaths and suffering of others." He felt unable to apply for conscientious objector status because U.S. military rules dictate that a conscientious objector must object to all wars in any form. Shepherd's objection was not to all wars under all circumstances.
On April 11, 2007, Shepherd went absent without leave from his base in Katterbach, Germany. Shepherd's asylum application cites an EU decree that grants refugee status to a soldier facing prosecution if military service would "involve incitement to commit crimes or acts" that violate international law. The application references the Nuremberg Trials (see also Nuremberg Principles), which state that "it is established that a person cannot defend himself by merely stating that he was obeying orders."
Shepherd stated of his decision, "We should not be coerced into fighting an illegal war, and must not face persecution for refusing to do so" and "For the past five years we have been engaged in a pre-emptive, internationally condemned war that has been shown to be based on a series of lies. Having learned the truth about the nature of my military endeavors, I refuse to continue to be a part of it." Shepherd's asylum claim effectively asked Germany to determine that the U.S.-led Iraq War was a violation of international law, a declaration that some German politicians opposed, fearing it could damage U.S.-German relations.
Legal Case
On April 4, 2011, the German government announced that it had rejected Shepherd's asylum application. Shepherd filed an appeal against the decision on April 7, 2011. On January 23, 2013, his case was set to be heard in a Munich administrative court. However, the hearing was canceled, and the court referred a preliminary ruling request to the European Court of Justice (ECJ) in Luxembourg for clarification of applicable EU law. Shepherd's appeal in German court was put on hold pending the ECJ's decision. The ECJ scheduled a public hearing on Shepherd's asylum claim for June 25, 2014.
On November 12, 2014, Advocate General Eleanor V.E. Sharpston of the ECJ advised that Shepherd was entitled to seek asylum in the EU, despite being a non-combat helicopter mechanic. She also advised that the German court must decide whether the punishment Shepherd could face if convicted of desertion in the U.S. would amount to persecution. She further advised that the German court would have to determine whether there was a real risk that Shepherd would be involved in war crimes if deployed to a conflict zone, without having to prove this beyond reasonable doubt.
On February 25, 2015, the ECJ issued its judgment in line with Advocate General Sharpston's opinion. The Court ruled that while Shepherd was eligible to seek asylum in Germany, he would need to prove that he would be complicit in war crimes and that desertion was his only option to avoid committing such crimes. The ECJ left this determination to the German courts, as well as the question of whether the prosecution Shepherd faced under the U.S. Uniform Code of Military Justice amounted to persecution. Shepherd's case was returned to the German court for a decision.
Public Recognition and Awards
On February 7, 2009, André Shepherd was awarded the "Peace through Convictions" Peace Prize by the Munich American Peace Committee. The award was presented in conjunction with protests against the Munich Security Policy Conference. German national newspaper Die Tageszeitung awarded Shepherd the Tax-Panther-Preis in 2010. He was also honored with the Pro Asyl Human Rights Prize in 2015.
Shepherd's asylum case was featured in the February 2009 issue of German green magazine Greenpeace.
