Iraq war vet André Shepherd seeks asylum in Germany
By Military Counseling Network, Connection e.V., and Courage to Resist. December 3, 2008
FRANKFURT, Germany - U.S. Army Specialist André Shepherd applied for asylum in Germany Nov. 26, becoming the first Iraq War veteran to pursue refugee status in Europe.
After attending college and failing to find meaningful employment, Shepherd enlisted in the military early in 2004. The promises of financial security and international adventure easily trumped working at a fast food chain. He became an Apache airframe mechanic, hoping to someday qualify up to the role of helicopter pilot.
His first unit was already deployed to Iraq when he completed his training, so he joined them immediately, with only one day at his unit's home in Germany. Shepherd spent six months on a forward operating base near Tikrit, working 12-hour days to keep the heavily armed Apaches (and their signature Hellfire missiles) in the air.
Though he enlisted in order to bring freedom, prosperity and peace, Shepherd found none of these traits in the locals with whom he interacted.
"Some had the look of fear, while others looked outright angry and resentful," he said of locals contracted for jobs around the base. "I began to feel like a cruel oppressor who had destroyed the lives of these proud people.
"Our unit did a lot of good things, giving schools books and bringing clothes to children," he said. "These actions helped my conscience a bit, but I kept thinking to myself, 'Had we not invaded, would these people need this aid now?' " ...
This disposition came to a head in 2005, when the German Federal Administrative Court officially declared the Iraq War violated international law, citing the assault launched by the United States as an act of aggression.
A German army officer had refused an order to develop a computer he feared would be utilized by the United States against Iraq. He was demoted and a criminal complaint was filed against him for insubordination. The federal court reversed the demotion because the charges contravened a paragraph in the German Constitution guaranteeing the right to freedom of conscience.
Shepherd's application also cites a European Union regulation providing refugee status to a soldier who is in danger of being prosecuted if military service "would include crimes or acts" which violate international law. The application refers to the Nuremberg Trials, stating "It is established that a person cannot defend his or her actions by explaining that they had simply been following orders."
In effect, Shepherd's asylum application calls on Germany to clarify the nature of its opposition to the war in Iraq. The United States utilizes German airspace on a daily basis to carry out operations vital to the war, and U.S. bases within the country are home to roughly 60,000 American service members.
"We should not be forced to fight an illegal war, nor should we be persecuted for refusing to do so," Shepherd said. "During the past five years we have waged a preemptive, internationally condemned war that was shown to be founded on a series of lies. After learning the truth about the nature of my military's endeavors, I refuse to continue to be a part of this."
“We are honored to help support this courageous war veteran turned resister in whatever ways possible,” declared Jeff Paterson, Project Director of Courage to Resist—a U.S.-based organization dedicated to supporting U.S. troops who refuse to fight.
Listen to Andre's 23:30 min. interview with Courage to Resist
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