Jeremy Hinzman

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Jeremy Hinzman (born in 1979 in Rapid City, South Dakota) is a former United States Army private from the 82nd Airborne Division in Fort Bragg, North Carolina. In January of 2004, he fled the United States as one of nine American deserters openly seeking refugee status in Canada.

On March 24, 2005 an immigration panel rejected Hinzman's claim, determining that he was not a conscientious objector and was thus ineligible for refugee status. He is currently a member of the War Resisters Support Campaign.

1 Military days
2 Life in Canada
3 References
4 External links
5 See also

[edit] Military days

Hinzman joined the military early in 2001, completing basic combat training and airborne school in Fort Benning, Georgia. Along with his wife, Nga Nguyen, he began attending meetings of the Religious Society of Friends 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.

His unit was deployed to take part in the war in Afghanistan 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. When his unit received orders to join in the Iraq War, Hinzman deserted, crossing the border into Canada with his wife and son.

[edit] Life in Canada

He filed a refugee claim upon his arrival in Canada, in January 2004. He is one of six soldiers actively seeking refugee status in Canada after deserting the United States military out of opposition to the Iraq conflict. The Canadian federal government is challenging their case. Hinzman, they say, "does not fit the criterion for status refugees."

Hinzman's hearing was held from December 6th to December 8th, 2004, making it the first of the six similar refugee applications that have surfaced thus far. A major argument made by Hinzman and his attorney, Jeffry House, is that the war in Iraq constituted a violation of international law, and that the subsequent occupation violated international human rights, as specified by the Geneva Convention. Failure to refuse orders to engage in such illegal activities, they argued, would be a clear breach of the Nuremberg Tribunal, turning Hinzman into a potential war criminal. Before the hearing started, however, the Immigration and Refugee Board of Canada ruled that the legality or illegality of the war could not be used as an admissible argument in Hinzman's hearing.

Pending the ruling, Hinzman and his family continued to live in Toronto, Ontario. Hinzman, along with fellow deserter Brandon Hughey, has become a popular figure in the anti-war movement. He occasionally travels to other Canadian cities to speak on campuses and at peace rallies. Hinzman has also drawn the ire of many in both Canada and the United States, being labelled a traitor, a coward, and a parasite. During his hearing, Hinzman stated that he has received death threats from some American citizens.

On March 24, 2005, an immigration panel determined that he was not a conscientious objector and was thus ineligible for refugee status. Jeffry House, his lawyer, described it "disappointing" and said Hinzmann may appeal. Failing this, he faces imprisonment if deported to the United States.

On May 15, 2005, Amnesty International said they considered Hinzman to have taken reasonable steps to register as a conscientious objector. If he is deported, he faces court martial in the US and up to five years in prison. Amnesty said they would consider him a prisoner of conscience if he were imprisoned.

In 2005, he was working in Toronto as a bicycle courier.

The March 31, 2006 decision[1] by the Federal Court (Canada) dismissed Hinzman's judicial review of the Immigration and Refugee Board's decision of March 24, 2005. Hinzman's case has been granted leave to appeal to the Canadian Federal Court of Appeal, which will likely hear his arguments in the spring or summer of 2007.