A U.S. soldier who refused to fight in Iraq and wants to live in Canada appeared Wednesday before the Immigration and Refugee Board in Toronto.
Believing that the war in Iraq is a "criminal enterprise," 25-year-old Jeremy Hinzman fled to Toronto from his North Carolina base in January, just before his unit was sent to Iraq. Once in Canada he made a refugee claim on the grounds that he would face persecution for his political beliefs if he is sent home to face military justice.
At the core of Mr. Hinzman's argument are affidavits from international law professors which declare the invasion of Iraq illegal. He hopes to use these to argue that any punishment for refusing to participate in an illegal war would amount to persecution, instead of legitimate prosecution. If such an argument stands, he would be entitled to refugee protection in Canada.
Brian Goodman, the member of the refugee protection division who oversaw Wednesday's proceedings, discussed with Mr. Hinzman and his lawyers what will be at issue in the case. He also asked Mr. Hinzman's lawyers to produce more documents to back up the refugee claim, which will receive a full, three-day hearing in October.
Mr. Goodman warned that he may ask Mr. Hinzman's lawyers and the lawyer representing the Solicitor-General at the hearing, Janet Chisholm, to produce written submissions on whether the legality of the war is relevant to Mr. Hinzman's refugee claim.
If he ruled the issue irrelevant, the issue could not be raised during his hearing, Mr. Goodman said. Mr. Hinzman's lawyer acknowledged that such a ruling would be a blow to their case.
"I think [the case]will be somewhat damaged. It won't be the coup de grace, by any means, because there are other issues. But it would be something that I wouldn't like to see," said Jeffry House, who himself fled to Canada after being drafted to fight in Vietnam.
Mr. Hinzman, who has made links with Canadian peace groups and spoken at an antiwar rally in Toronto, said he felt he could not in good conscience fight in Iraq.
"If I was going to go shoot depleted uranium rounds at Iraqi children or in Iraq ground and raise the cancer rates ... then that is contrary to good standards of human conduct," he said after Wednesday's proceedings.
Brandon Hughey, a U.S. private who deserted and fled to St. Catharines, Ont., and who is expected to have a similar refugee hearing in the fall, also attended the proceedings. He is also being represented by Mr. House.
Most observers say both men face as many as five years in prison for deserting their units. While the death penalty is technically still on the books for deserters, Mr. House said U.S. military lawyers have told him that this would only apply for those who deserted before President George W. Bush's declaration that major hostilities in Iraq had ended in May. No U.S. deserter has been executed since 1945.