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120-500: A war resister is a person who resists war. The term can mean several things: resisting participation in all war, or a specific war, either before or after enlisting in, being inducted into, or being conscripted into a military force. Early usage of the term "war resister" is found in the name of the War Resisters League which was formed in 1923 by men and women who had opposed World War I . The War Resisters League

240-558: A coalition government , Members of the opposition parties confirmed on 21 January 2009, that, if they were in power together in a coalition government, then 3 June 2008 Parliamentary recommendation concerning war resisters would be implemented. On 23 January 2009, Chris Teske was the first war resister to be forced out of Canada who had applied for legal refugee status and did not "fail to comply with bail conditions" as an earlier deportee Robin Long had. On 4 February 2009, Clifford Cornell

360-565: A men's rights group , sued the US Selective Service System in 2019, leading to it being declared unconstitutional by a US Federal Judge. The federal district judge's opinion was unanimously overturned on appeal to the U.S. Court of Appeals for the 5th Circuit . In September 2021, the House of Representatives passed the annual Defense Authorization Act, which included an amendment that states that "all Americans between

480-577: A corps of 150,000 black slaves, called his Black Guard . He used them to coerce the country into submission. Modern conscription, the massed military enrollment of national citizens ( levée en masse ), was devised during the French Revolution , to enable the Republic to defend itself from the attacks of European monarchies. Deputy Jean-Baptiste Jourdan gave its name to the 5 September 1798 Act, whose first article stated: "Any Frenchman

600-768: A crime that carries a possible sentence of more than a year, and subsequently extradite the target back to the US, as per the Extradition Treaty Between the United States of America and Canada. However, the US government must promise that those extradited will not receive the death penalty, in accordance with the Supreme Court of Canada ruling in United States v. Burns . Thus, deserters who may have had an arrest warrant issued against them in

720-546: A draft in order to reinforce social equality, create social consciousness, break down class divisions and allow young adults to immerse themselves in public enterprise. This justification forms the basis of Israel's People's Army Model . Charles Rangel called for the reinstatement of the draft during the Iraq War not because he seriously expected it to be adopted but to stress how the socioeconomic restratification meant that very few children of upper-class Americans served in

840-690: A former U.S. Marine testifying in Hinzman's support stated that American soldiers in Iraq routinely violated international law by killing unarmed civilians, including women and children. Affidavits from two international law professors confirming the illegality of the war and reports from Human Rights Watch and the International Committee of the Red Cross documenting the abuses and violations were also filed. Conscription Conscription

960-418: A gender-neutral model. Israel has universal female conscription, although it is possible to avoid service by claiming a religious exemption and over a third of Israeli women do so. Finland introduced voluntary female conscription in 1995, giving women between the ages of 18 and 29 an option to complete their military service alongside men. Sudanese law allows for conscription of women, but this

1080-456: A national army or fyrd is a strange delusion dreamt up by antiquarians in the late eighteenth or early nineteenth centuries to justify universal military conscription. In feudal Japan the shogun decree of 1393 exempted money lenders from religious or military levies, in return for a yearly tax. The Ōnin War weakened the shogun and levies were imposed again on money lenders. This overlordism

1200-588: A pre-removal risk assessment, Zaslofsky said, and could shut the door to other war resisters' attempts to find a home in Canada. On 3 June 2008, the House of Commons passed the motion (137 to 110) which recommended that the government immediately implement a program which would "allow conscientious objectors ... to a war not sanctioned by the United Nations ... to ... remain in Canada   ..." All parties and all independent members of parliament supported

1320-533: A refugee claim upon his arrival in Canada, in January 2004. Hinzman's first hearing was held from 6 to 8 December 2004 at the Immigration and Refugee Board of Canada presided over by Brian P. Goodman . Hinzman's lawyer Jeffry House pointed out a precedent set by federal court Judge Arthur Stone in 1995 who approved refugee status for a deserter from Iraq's 1990 invasion of Kuwait . Stone wrote, "There

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1440-471: A select class of warriors or mercenaries . Jean Jacques Rousseau argued vehemently against professional armies since he believed that it was the right and privilege of every citizen to participate to the defense of the whole society and that it was a mark of moral decline to leave the business to professionals. He based his belief upon the development of the Roman Republic , which came to an end at

1560-522: A surprise. ... [Canadian] officials are aware that accusing Washington of persecuting its own citizens would cause an international diplomatic incident". The government at the time was the Liberal Party of Canada led by Prime Minister Paul Martin ; and the lawyer representing that government's Minister of Citizenship and Immigration , Judy Sgro , was Janet Chisholm. During that government's Parliamentary session , which ended 29 November 2005,

1680-474: Is a range of military activity which is simply never permissible in that it violates basic international standards. This includes ... non-defensive incursions into foreign territory." But before the hearing started, however, Goodman had already ruled that the evidence with respect to the legality of the US embarking on military action in Iraq could not be used as an admissible argument in Hinzman's hearing. He did so after hearing government lawyers argue "that

1800-671: Is a section of the London-based War Resisters' International which was founded in Bilthoven , Netherlands, in 1921 under the name "Paco". In 1975, the Committee on South African War Resistance , an organisation of exiled conscientious objectors , pacifists, anti-militarists and deserters from the South African Defence Force (SADF), was formed in the aftermath of Operation Savannah and

1920-513: Is a soldier and owes himself to the defense of the nation." It enabled the creation of the Grande Armée , what Napoleon Bonaparte called "the nation in arms", which overwhelmed European professional armies that often numbered only into the low tens of thousands. More than 2.6 million men were inducted into the French military in this way between the years 1800 and 1813. The defeat of

2040-596: Is condemned by the international legal community as contrary to rules of human conduct, punishment for desertion could be regarded as persecution. In denying both claims, the adjudicators opined that the legal status of the war in Iraq had no bearing on the analysis of paragraph 171. This determination was one of the issues on which the matters were appealed to the Federal Court, but Justice Anne Mactavish, noted in separate decisions (Hughey v. Canada [2006] F.C. 421 and Hinzman v. Canada [2006] F.C. 420) that this question

2160-459: Is controversial for a range of reasons, including conscientious objection to military engagements on religious or philosophical grounds; political objection, for example to service for a disliked government or unpopular war; sexism , in that historically men have been subject to the draft in the most cases; and ideological objection, for example, to a perceived violation of individual rights. Those conscripted may evade service , sometimes by leaving

2280-577: Is illegal because it is not authorized by the United Nations (UN) Charter, or UN Resolution is not relevant to the question of whether it is 'the type of military action' which 'is condemned by the international community, as contrary to basic rules of human conduct,' within the meaning of paragraph 171 of the Handbook on Procedures and Criteria for Determining Refugee Status4 (the Handbook) of the Office of

2400-424: Is not enough for a person to be in disagreement with his government regarding the political justification for a particular military action. Where, however, the type of military action, with which an individual does not wish to be associated, is condemned by the international community as contrary to basic rules of human conduct, punishment for desertion or draft-evasion could, in the light of all other requirements of

2520-476: Is not implemented in practice. In the United Kingdom during World War II , beginning in 1941, women were brought into the scope of conscription but, as all women with dependent children were exempt and many women were informally left in occupations such as nursing or teaching, the number conscripted was relatively few. Most women who were conscripted were sent to the factories, although some were part of

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2640-641: Is often an indication of one's position on the issue. See also the case for allowing certain qualified war resisters to stay in Canada on Humanitarian and Compassionate Grounds. Pursuant to the Treaty between the Government of Canada and the Government of the United States of America on Mutual Legal Assistance in Criminal Matters, US authorities can request Canadian authorities to identify, locate, and take into custody US nationals who have committed

2760-676: The Auxiliary Territorial Service (ATS), Women's Land Army , and other women's services. None were assigned to combat roles unless they volunteered. In contemporary United Kingdom, in July 2016, all exclusions on women serving in Ground Close Combat (GCC) roles were lifted. In the Soviet Union , there was never conscription of women for the armed forces , but the severe disruption of normal life and

2880-794: The Abbasid caliphs in 9th-century Baghdad . Over time they became a powerful military caste . On more than one occasion, they seized power, for example, ruling Egypt from 1250 to 1517. From 1250 Egypt had been ruled by the Bahri dynasty of Kipchak origin. Slaves from the Caucasus served in the army and formed an elite corps of troops. They eventually revolted in Egypt to form the Burgi dynasty . The Mamluks' excellent fighting abilities, massed Islamic armies, and overwhelming numbers succeeded in overcoming

3000-582: The English Civil War ; the United Kingdom abolished conscription in 1960. Around the reign of Hammurabi (1791–1750 BC ), the Babylonian Empire used a system of conscription called Ilkum . Under that system those eligible were required to serve in the royal army in time of war. During times of peace they were instead required to provide labour for other activities of the state. In return for this service, people subject to it gained

3120-575: The Handbook on Procedures and Criteria for Determining Refugee Status of the Office of the United Nations High Commissioner for Refugees (UNHCR), there is discussion of "refugee status after desertion" as being legitimate under international law. The Handbook states: 171. Not every conviction, genuine though it may be, will constitute a sufficient reason for claiming refugee status after desertion or draft-evasion. It

3240-639: The Judicial Yuan of the Republic of China in its Interpretation 490 considered that the physical differences between males and females and the derived role differentiation in their respective social functions and lives would not make drafting only males a violation of the Constitution of the Republic of China . Though women are not conscripted in Taiwan, transsexual persons are exempt. In 2018,

3360-593: The Netherlands started including women in its draft registration system, although conscription is not currently enforced for either sex. France and Portugal , where conscription was abolished, extended their symbolic, mandatory day of information on the armed forces for young people - called Defence and Citizenship Day in France and Day of National Defence in Portugal – to women in 1997 and 2008, respectively; at

3480-900: The Nurse Corps in preparation for a planned invasion of Japan . In 1981 in the United States , several men filed lawsuit in the case Rostker v. Goldberg , alleging that the Selective Service Act of 1948 violates the Due Process Clause of the Fifth Amendment by requiring that only men register with the Selective Service System (SSS). The Supreme Court eventually upheld the Act, stating that "the argument for registering women

3600-666: The Prussian Army in particular shocked the Prussian establishment, which had believed it was invincible after the victories of Frederick the Great . The Prussians were used to relying on superior organization and tactical factors such as order of battle to focus superior troops against inferior ones. Given approximately equivalent forces, as was generally the case with professional armies, these factors showed considerable importance. However, they became considerably less important when

3720-633: The Soweto uprising the following year. Its aim was to raise international awareness about the role of the SADF and to provide support to objectors in exile. In 2008 and 2009, the Parliament of Canada officially adopted the term "war resister" to include those who are not necessarily opposed to all war, but who selectively refused to participate in the Iraq War . This practice was also adopted by various media in Canada at various times. On January 24, 2010,

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3840-425: The United Nations High Commissioner for Refugees (UNHCR). I ruled that, consequently, evidence with respect to the legality of the US embarking on military action in Iraq , would not be admitted into evidence at the hearing of these claims." See paragraph 10 at this source: "Hinzman Decision, Full Text Decision" . IMMIGRATION AND REFUGEE BOARD OF CANADA (Refugee Protection Division). 16 March 2005. Archived from

3960-650: The United States Military while Barack Obama was its Commander in Chief . His sentence was later reduced to 11 months by the Fort Stewart post commander. On 3 June 2009, Joshua Key had a new hearing in front of the Immigration and Refugee Board. Ken Atkinson, the immigration board member who then heard Key's case on 3 June 2009, reserved his decision. However, on 30 July 2010, Key

4080-659: The Vietnam War (1959–1975). In that era , most of those draft dodgers had simply applied for landed immigrant status once in Canada, which opposed its southern neighbour's military adventures in Vietnam. But immigration rules have been tightened since the Vietnam era , making would-be migrants apply from their home countries. This has pushed war resisters into Canada's refugee system . Unlike draft dodgers who immigrated to Canada as an alternative to mandatory conscription,

4200-464: The possibility of punishment in the United States according to Article 85 of the US Uniform Code of Military Justice . For that reason some of them chose to go to Canada as a place of refuge. The choice of these US Iraq War resisters to go to Canada has led to considerable debate in Canada's society, press, legal arenas, and political arenas. Much of the debate on this issue has been due to

4320-418: The two Parliamentary motions which were passed , was whether or not the individuals "have refused or left military service related to a war not sanctioned by the United Nations   ..." The soldiers who have chosen to come to Canada have been referred to using various terms: " deserter ", " conscientious objector ", " war resister ", or " refugee ". The decision to choose one of these terms above another

4440-514: The "hardships" of Hinzman when she denied him permanent residence in Canada. The court said the official's rejection of Hinzman's permanent residence application was "significantly flawed" because the officer did not take into consideration Hinzman's "strong moral and religious beliefs" against participation in war. That means officials must take another look at Hinzman's application to remain in Canada on humanitarian and compassionate grounds. Hinzman's lawyer, Alyssa Manning, said, "This officer missed

4560-413: The 2003 U.S.-led invasion of Iraq . At the time, he was Opposition leader. "It was absolutely an error, it's obviously clear," said Harper, adding that the claim of weapons of mass destruction proved false." After the 40th Canadian Parliament began, the whole process of presenting the war resisters motion had to begin again in order for it to apply to the new Parliament. After coming close to forming

4680-644: The 820s and 830s. The Turkic troops soon came to dominate the government , establishing a pattern throughout the Islamic world of a ruling military class, often separated by ethnicity, culture and even religion by the mass of the population, a paradigm that found its apogee in the Mamluks of Egypt and the Janissary corps of the Ottoman Empire , institutions that survived until the early 19th century. In

4800-802: The Christian Crusader fortresses in the Holy Land. The Mamluks were the most successful defence against the Mongol Ilkhanate of Persia and Iraq from entering Egypt. On the western coast of Africa, Berber Muslims captured non-Muslims to put to work as laborers. They generally converted the younger people to Islam and many became quite assimilated. In Morocco, the Berber looked south rather than north. The Moroccan Sultan Moulay Ismail , called "the Bloodthirsty" (1672–1727), employed

4920-513: The Court of Appeal in Al-Maisri, it is fair to say that the issue is not entirely free from doubt," and proceeded to certify this question, which gave the two an automatic right of appeal to the Court of Appeal. Authorities in Canada and the U.S closely monitored the politically sensitive case. Indeed, the case became the proverbial public relations "hot potato" for the U.S. At the initial hearing,

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5040-562: The Federal Court and the Federal Court of Appeal upheld the Immigration and Refugee Board (IRB) findings that the two did not qualify as Convention refugees. Both faced court martial and up to five years in jail as deserters if returned. Lawyer Faisal Kutty argued that the IRB and the court appear to have danced around the politically sensitive issues and existing case law. Their arguments that they did not want to participate in an illegal war and that they would be punished for acting on their conscience

5160-478: The Federal Court makes a decision on ... cases for judicial review." On 15 July 2008, after the Parliamentary recommendation had been in front of the minority Conservative government for a month and a half, Canada deported Iraq War resister Robin Long . This made him the first U.S. soldier to be deported from Canada to the United States. One day later, Daniel Sandate , another U.S. soldier,

5280-459: The IRB decision. "What is wrong for Saddam Hussein should be wrong for the Americans as well," says House, a Vietnam-era draft dodger. Justice Mactavish held that the legality of the conflict is irrelevant when analyzing paragraph 171 when "one is considering the claim of a low-level 'foot soldier'." Yet, Al-Maisri was also a 'foot soldier.' Justice Mactavish admitted that "given the decision of

5400-487: The Iraq War resisters came to Canada after having voluntarily enlisted. Some of the Iraq War resisters faced the involuntary extension of their active duty service under a stop-loss policy . In any case, there has been some debate about whether or not the voluntary/involuntary enlistment factor even makes a difference in a decision to deport them to face likely punishment in the US. The more important factor, according to

5520-773: The Janissaries in origin and means of development were the Mamluks of Egypt in the Middle Ages . The Mamluks were usually captive non-Muslim Iranian and Turkic children who had been kidnapped or bought as slaves from the Barbary coasts. The Egyptians assimilated and trained the boys and young men to become Islamic soldiers who served the Muslim caliphs and the Ayyubid sultans during the Middle Ages . The first mamluks served

5640-659: The Kapikulu system willingly, as they saw this as a potentially invaluable career opportunity for their children. Eventually the Sultan turned to foreign volunteers from the warrior clans of Circassians in southern Russia to fill his Janissary armies. As a whole the system began to break down, the loyalty of the Jannissaries became increasingly suspect. Mahmud II forcibly disbanded the Janissary corps in 1826. Similar to

5760-423: The Prussian armies faced Napoleon's forces that outnumbered their own in some cases by more than ten to one. Scharnhorst advocated adopting the levée en masse , the military conscription used by France. The Krümpersystem was the beginning of short-term compulsory service in Prussia, as opposed to the long-term conscription previously used. In the Russian Empire , the military service time "owed" by serfs

5880-445: The Sultan's Kapıkulu forces increased to about 100,000. In later years, Sultans turned to the Barbary Pirates to supply their Jannissaries corps. Their attacks on ships off the coast of Africa or in the Mediterranean, and subsequent capture of able-bodied men for ransom or sale provided some captives for the Sultan's system. Starting in the 17th century, Christian families living under the Ottoman rule began to submit their sons into

6000-441: The US are liable for arrest in Canada, unless they legalise their status. Under Canadian law, status can be legalized by pursuing a refugee claim , which the Immigration and Refugee Board of Canada (IRB) will consider. If the claim is refused, the claimant can appeal the decision in the Federal Court , the Federal Court of Appeal , and finally, the Supreme Court of Canada, if leave is granted. If, however, appeals do not overturn

6120-432: The US, men who do not register with the Selective Service cannot apply for citizenship, receive federal financial aid, grants or loans, be employed by the federal government, be admitted to public colleges or universities, or, in some states, obtain a driver's license. Many American libertarians oppose conscription and call for the abolition of the Selective Service System , arguing that impressment of individuals into

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6240-441: The United States, every male resident is required by law to register with the Selective Service System within 30 days following his 18th birthday and be available for a draft; this is often accomplished automatically by a motor vehicle department during licensing or by voter registration. According to Milton Friedman the cost of conscription can be related to the parable of the broken window in anti-draft arguments. The cost of

6360-404: The ages of 18 and 25 must register for selective service." This amendment omitted the word "male", which would have extended a potential draft to women; however, the amendment was removed before the National Defense Authorization Act was passed. Feminists have argued, first, that military conscription is sexist because wars serve the interests of what they view as the patriarchy ; second, that

6480-480: The all-volunteer American armed forces. It is estimated by the British military that in a professional military, a company deployed for active duty in peacekeeping corresponds to three inactive companies at home. Salaries for each are paid from the military budget. In contrast, volunteers from a trained reserve are in their civilian jobs when they are not deployed. Under the total defense doctrine, conscription paired with periodic refresher training ensures that

6600-401: The armed forces amounts to involuntary servitude . For example, Ron Paul , a former U.S. Libertarian Party presidential nominee, has said that conscription "is wrongly associated with patriotism , when it really represents slavery and involuntary servitude". The philosopher Ayn Rand opposed conscription, opining that "of all the statist violations of individual rights in a mixed economy,

6720-456: The basis that it violates gender equality , and some countries, especially in Europe , have extended conscription obligations to women. In 2006, eight countries ( China , Eritrea , Israel , Libya , Malaysia , North Korea , Peru , and Taiwan ) conscripted women into military service. Norway introduced female conscription in 2015, making it the first NATO member to have a legally compulsory national service for both men and women, and

6840-450: The civilian workforce. Every soldier conscripted in the army is taken away from his civilian work, and away from contributing to the economy which funds the military. This may be less a problem in an agrarian or pre-industrialized state where the level of education is generally low, and where a worker is easily replaced by another. However, this is potentially more costly in a post-industrial society where educational levels are high and where

6960-488: The constable and the marshals). Men were summoned by the bailiff (or the sénéchal in the south). Bailiffs were military and political administrators installed by the King to steward and govern a specific area of a province following the king's commands and orders. The men summoned in this way were then summoned by the lieutenant who was the King's representative and military governor over an entire province comprising many bailiwicks , seneschalties and castellanies. All men from

7080-578: The controversial nature of the Iraq War itself. Among the many elements of that debate are Canada's relationship to the Iraq War , and Canada's relationship to the US , its largest trading partner. Some of the Iraq war resisters enlisted in the United States military before the Iraq War, and some enlisted after it began. Before their refusal to participate in that war, some had already initially participated, and some had not. Each had their own reasons for initially deciding to enlist and/or participate in that war. Nevertheless, it's not irrational to assume that

7200-887: The country, and seeking asylum in another country. Some selection systems accommodate these attitudes by providing alternative service outside combat -operations roles or even outside the military, such as siviilipalvelus (alternative civil service) in Finland and Zivildienst (compulsory community service) in Austria and Switzerland. Several countries conscript male soldiers not only for armed forces, but also for paramilitary agencies, which are dedicated to police -like domestic-only service like internal troops , border guards or non-combat rescue duties like civil defence . As of 2023, many states no longer conscript their citizens, relying instead upon professional militaries with volunteers . The ability to rely on such an arrangement, however, presupposes some degree of predictability with regard to both war-fighting requirements and

7320-435: The country." On 4 July 2008, Joshua Key won a Federal Court appeal thus forcing the Immigration and Refugee Board of Canada (IRB) to re-examine his claim for refugee status in Canada. This was "an unprecedented court ruling that could affect scores of other U.S. soldiers who have refused to fight in Iraq." On 9 July 2008 the Toronto Star reported that Corey Glass "is [now] permitted to remain in Canada until

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7440-471: The decision of the IRB, and if there is a removal order, the claimant must leave Canada within 30 days. If this is not done, or departure details are not confirmed with the Canada Border Services Agency , a deportation order is issued, enforceable by any officer of the Queen's peace in Canada. On the other hand, if the refugee claim is granted, the individual or family is permitted to remain in Canada, eventually moving on to Permanent Resident status and, if

7560-405: The definition, in itself be regarded as persecution. The federal law-making body of Canada is the Parliament of Canada . The term "war resister" is used in the official documents of the Parliament of Canada: On November 22, 2007, a Canadian Parliamentary Committee "commenced its study of Iraq war resisters" This Committee work resulted in a motion which also used the term "war resisters" and which

7680-511: The entire able-bodied population of a country can be mobilized to defend against invasion or assist civil authorities during emergencies. For this reason, some European countries have reintroduced or debated reintroducing conscription during the onset of the Second Cold War . Military Keynesians often argue for conscription as a job guarantee . For example, it was more financially beneficial for less-educated young Portuguese men born in 1967 to participate in conscription than to participate in

7800-416: The entire question of the war's legality was "irrelevant". ... The federal immigration officer adjudicating the case [( Brian P. Goodman )] agreed. He ruled [12 November 2004] that Hinzman may not use the legal basis of the Iraq War to justify his ... claim." The claim for refugee status was ultimately rejected (16 March 2005). Reporting on this decision, the BBC stated that the ruling "did not come as

7920-438: The entire question of the war's legality was "irrelevant." The claim for refugee status was ultimately rejected. Justice Anne L. Mactavish presided over the Federal Court case of Hinzman v. Canada , and released her ruling on 31 March 2006 upholding the decision of the Immigration and Refugee Board. In her decision, Mactavish addressed the issue of personal responsibility as follows: "An individual must be involved at

8040-413: The extra personnel for its planned invasion of Japan. However, the Japanese surrendered and the idea was abandoned. During the Great Patriotic War , the Red Army conscripted nearly 30 million men. Men's rights activists , feminists , and opponents of discrimination against men have criticized military conscription, or compulsory military service, as sexist . The National Coalition for Men,

8160-414: The federal standing committee on citizenship and immigration to vote in favour of allowing conscientious objectors who have refused or left American military service in Iraq to be allowed to stay in Canada." On 6 December 2007, after some amendments to Chow's original motion, the parliamentary Standing Committee on Citizenship and Immigration adopted a motion stating: That the committee recommend ... that

8280-465: The first country in the world to draft women on the same formal terms as men. In practice only motivated volunteers are selected to join the army in Norway. Sweden introduced female conscription in 2010, but it was not activated until 2017. This made Sweden the second nation in Europe to draft women, and the second in the world (after Norway) to draft women on the same formal terms as men. Denmark will extend conscription to women from 2027, also on

8400-583: The government immediately implement a program to allow conscientious objectors and their immediate family members (partners and dependents), who have refused or left military service related to a war not sanctioned by the United Nations and do not have a criminal record, to apply for permanent resident status and remain in Canada; and that the government should immediately cease any removal or deportation actions that may have already commenced against such individuals. On 21 May 2008, US Iraq War resister Corey Glass, who had applied for refugee status 22 months earlier,

8520-497: The high proportion of civilians affected by World War II after the German invasion attracted many volunteers for " The Great Patriotic War ". Medical doctors of both sexes could and would be conscripted (as officers). Also, the Soviet university education system required Department of Chemistry students of both sexes to complete an ROTC course in NBC defense , and such female reservist officers could be conscripted in times of war. The United States came close to drafting women into

8640-458: The highly competitive job market with men of the same age who continued to higher education. Throughout history, women have only been conscripted to join armed forces in a few countries, in contrast to the universal practice of conscription from among the male population. The traditional view has been that military service is a test of manhood and a rite of passage from boyhood into manhood. In recent years, this position has been challenged on

8760-524: The issue would also officially become part of Parliament business: On 21 June 2005, New Democratic Party Member of Parliament Bill Siksay presented to Parliament a petition of 15,000 signatures urging the Liberal government to allow Iraq War resisters to remain in Canada. This petition had been organized by the community-based War Resisters Support Campaign . Jeremy Hinzman, "the first American Iraq War resister to seek refugee status in Canada", filed

8880-507: The king or the local lord, bringing along the weapons and armor according to their wealth. These levies fought as footmen, sergeants, and men at arms under local superiors appointed by the king or the local lord such as the arrière-ban in France. Arrière-ban denoted a general levy, where all able-bodied males age 15 to 60 living in the Kingdom of France were summoned to go to war by the King (or

9000-402: The land-holding aristocracy of the time and were required to serve with their own armour and weapons for a certain number of days each year. The historian David Sturdy has cautioned about regarding the fyrd as a precursor to a modern national army composed of all ranks of society, describing it as a "ridiculous fantasy": The persistent old belief that peasants and small farmers gathered to form

9120-534: The legality of war based on their conscience and international law was turned down by the United States Supreme Court in Callan v. Bush. Given this situation, the U.S. is not in a position to provide protection to resisters, notes House. House himself was a war resister. The existing case law from the Federal Court of Appeal, Al-Maisri v. Canada [1995] F.C. J. No. 642, appears on point and yet

9240-413: The likelihood of punishment for a refusal to participate in the Iraq War. 6 September 2003 conviction, and concomitant imprisonment, of Iraq War resister Stephen Funk , and other subsequent imprisonments , provided evidence that punishment was a very real possibility. Eventually, many Iraq War resisters became aware of the history of draft dodgers being allowed into Canada without prosecution during

9360-473: The middle of the 14th century, Ottoman Sultan Murad I developed personal troops to be loyal to him, with a slave army called the Kapıkulu . The new force was built by taking Christian children from newly conquered lands, especially from the far areas of his empire, in a system known as the devşirme (translated "gathering" or "converting"). The captive children were forced to convert to Islam . The Sultans had

9480-424: The military draft is the worst. It is an abrogation of rights. It negates man's fundamental right—the right to life—and establishes the fundamental principle of statism : that a man's life belongs to the state, and the state may claim it by compelling him to sacrifice it in battle." In 1917, a number of radicals and anarchists, including Emma Goldman , challenged the new draft law in federal court, arguing that it

9600-504: The military for six years. In the decades prior to World War I universal conscription along broadly Prussian lines became the norm for European armies, and those modeled on them. By 1914 the only substantial armies still completely dependent on voluntary enlistment were those of Britain and the United States. Some colonial powers such as France reserved their conscript armies for home service while maintaining professional units for overseas duties. The range of eligible ages for conscripting

9720-700: The military is a sexist institution and that conscripts are therefore indoctrinated into sexism; and third, that conscription of men normalizes violence by men as socially acceptable. Feminists have been organizers and participants in resistance to conscription in several countries. Conscription has also been criticized on the ground that, historically, only men have been subjected to conscription. Men who opt out or are deemed unfit for military service must often perform alternative service, such as Zivildienst in Austria , Germany and Switzerland , or pay extra taxes, whereas women do not have these obligations. In

9840-404: The most fit and capable subtract from the productivity of the economy; add to this the cost of training them, and in some countries paying them. Compared to these extensive costs, some would argue there is very little benefit; if there ever was a war then conscription and basic training could be completed quickly, and in any case there is little threat of a war in most countries with conscription. In

9960-473: The motion, except for Conservative MPs. However, the next day, the Toronto Star reported that "the motion is non-binding and the victory was bittersweet as the government is likely to ignore it. The motion – which passed 137–110 – comes about a week before 25-year-old Corey Glass is supposed to leave Canada voluntarily after the former national guardsman was rejected as a refugee and ordered out of

10080-500: The people he mentioned were Albert Goodwin and Siegfried Sassoon . War resisters have been referred to using various related terms: " deserter ", " conscientious objector ", or " refugee ". However, it is important to recognize that each of those terms has a very specific meaning in legal English , whereas each of those terms carries a broader semantic meaning in Standard English . In international law , specifically

10200-468: The person wishes, to Canadian citizenship. The case of Iraq War resisters clearly became more than a legal issue when Canadian government lawyers entered the situation and presented arguments to the Immigration and Refugee Board adjudicator just prior to the precedent-setting hearing of Iraq war resister Jeremy Hinzman in November 2004. "Government lawyers argued at Hinzman 's immigration hearing that

10320-470: The point and only considered refugee-type questions." Refugee cases typically only consider risk to life or risk of persecution. "An H&C [officer] is supposed to consider humanitarian and compassionate values – the questions inherent with a H&C application," Manning said. "Hinzman's beliefs, his whole reasons for being in Canada in the first place, weren't considered by the H&;C officer, and that's what

10440-454: The policy-making level to be culpable for a crime against peace ... the ordinary foot soldier is not expected to make his or her own personal assessment as to the legality of a conflict. Similarly, such an individual cannot be held criminally responsible for fighting in support of an illegal war, assuming that his or her personal war-time conduct is otherwise proper." "The main arguments advanced by Hinzman's lawyer, Jeffry House , [were] that

10560-520: The public relations preparations for 2003 invasion of Iraq, and media coverage of the Iraq War played a part in many of those initial decisions. Later, when these soldiers encountered differing views on the 2003 invasion of Iraq and issues of the legality of the Iraq War , they questioned the legitimacy of the 2003 invasion of Iraq . Some of them then became disillusioned with all war, whereas others became "selective conscientious objectors" . Then, at various points in their lives, they became aware of

10680-540: The realm. The bulk of the Anglo-Saxon English army, called the fyrd , was composed of part-time English soldiers drawn from the freemen of each county. In the 690s laws of Ine of Wessex , three levels of fines are imposed on different social classes for neglecting military service. Some modern writers claim military service in Europe was restricted to the landowning minor nobility. These thegns were

10800-405: The reciprocal rights and duties of citizens. "It may not be doubted that the very conception of a just government in its duty to the citizen includes the reciprocal obligation of the citizen to render military service in case of need and the right to compel." It can be argued that in a cost-to-benefit ratio , conscription during peacetime is not worthwhile. Months or years of service performed by

10920-467: The richest noble to the poorest commoner were summoned under the arrière-ban and they were supposed to present themselves to the King or his officials. In medieval Scandinavia the leiðangr ( Old Norse ), leidang ( Norwegian ), leding , ( Danish ), ledung ( Swedish ), lichting ( Dutch ), expeditio ( Latin ) or sometimes leþing ( Old English ), was a levy of free farmers conscripted into coastal fleets for seasonal excursions and in defence of

11040-556: The right to hold land. It is possible that this right was not to hold land per se but specific land supplied by the state. Various forms of avoiding military service are recorded. While it was outlawed by the Code of Hammurabi , the hiring of substitutes appears to have been practiced both before and after the creation of the code. Later records show that Ilkum commitments could become regularly traded. In other places, people simply left their towns to avoid their Ilkum service. Another option

11160-815: The same time as the Roman Army changed from a conscript to a professional force. Similarly, Aristotle linked the division of armed service among the populace intimately with the political order of the state. Niccolò Machiavelli argued strongly for conscription in The Prince and The Art of War and saw the professional armies, made up of mercenary units, as the cause of the failure of societal unity in Italy. Other proponents, such as William James , consider both mandatory military and national service as ways of instilling maturity in young adults. Some proponents, such as Jonathan Alter and Mickey Kaus , support

11280-500: The same time, the military registry of both countries and obligation of military service in case of war was extended to women. Canada and Iraq War resisters#House of Commons support War resisters motion again During the Iraq War , which began with the 2003 invasion of Iraq , there were United States military personnel who refused to participate, or continue to participate, in that specific war. Their refusal meant that they faced

11400-532: The scope of hostilities. Many states that have abolished conscription still, therefore, reserve the power to resume conscription during wartime or times of crisis. States involved in wars or interstate rivalries are most likely to implement conscription, and democracies are less likely than autocracies to implement conscription. With a few exceptions, such as Singapore and Egypt, former British colonies are less likely to have conscription, as they are influenced by British anti-conscription norms that can be traced back to

11520-675: The situation had since changed with the 2013 and 2015 restriction removals. Miller's opinion was reversed by the Fifth Circuit , stating that only the Supreme Court could overturn the Supreme Court precedence from Rostker . The Supreme Court considered but declined to review the Fifth Circuit's ruling in June 2021. In an opinion authored by Justice Sonia Sotomayor and joined by Justices Stephen Breyer and Brett Kavanaugh ,

11640-436: The term "War Resisters" was the name of a nine-minute documentary on Global Television Network television program 16:9 . Carolyn Jarvis interviewed war resisters Robin Long and Rodney Watson, and Canadian Member of Parliament Gerard Kennedy on his Bill C-440 regarding Iraq war resisters in Canada . On November 9, 2010, Canadian writer Peter Smollett referred to people opposing World War I as "war resisters." Among

11760-564: The three justices agreed that the male-only draft was likely unconstitutional given the changes in the military's stance on the roles, but because Congress had been reviewing and evaluating legislation to eliminate its male-only draft requirement via the National Commission on Military, National, and Public Service (NCMNPS) since 2016, it would have been inappropriate for the Court to act at that time. On 1 October 1999, in Taiwan ,

11880-463: The war in Iraq is against international law and that Hinzman ... would have been forced to participate in unlawful acts had he gone." On 15 November 2007, a Coram of the Supreme Court of Canada made of Justices Michel Bastarache , Rosalie Abella , and Louise Charron refused an application to have the Court hear the case on appeal, without giving reasons. "In the wake of the Supreme Court's decision, NDP immigration critic Olivia Chow asked

12000-442: The work, military service, does not disappear even if no salary is paid. The work effort of the conscripts is effectively wasted, as an unwilling workforce is extremely inefficient. The impact is especially severe in wartime, when civilian professionals are forced to fight as amateur soldiers. Not only is the work effort of the conscripts wasted and productivity lost, but professionally skilled conscripts are also difficult to replace in

12120-414: The workforce is sophisticated and a replacement for a conscripted specialist is difficult to find. Even more dire economic consequences result if the professional conscripted as an amateur soldier is killed or maimed for life; his work effort and productivity are lost. Classical republicans promoted conscription as a tool for maintaining civilian control of the military , thereby preventing usurpation by

12240-706: The young boys trained over several years. Those who showed special promise in fighting skills were trained in advanced warrior skills, put into the sultan's personal service, and turned into the Janissaries , the elite branch of the Kapıkulu . A number of distinguished military commanders of the Ottomans, and most of the imperial administrators and upper-level officials of the Empire, such as Pargalı İbrahim Pasha and Sokollu Mehmet Paşa , were recruited in this way. By 1609,

12360-416: Was 25 years at the beginning of the 19th century. In 1834 it was decreased to 20 years. The recruits were to be not younger than 17 and not older than 35. In 1874 Russia introduced universal conscription in the modern pattern, an innovation only made possible by the abolition of serfdom in 1861. New military law decreed that all male Russian subjects, when they reached the age of 20, were eligible to serve in

12480-478: Was a violation of the Thirteenth Amendment 's prohibition against slavery and involuntary servitude. However, the Supreme Court unanimously upheld the constitutionality of the draft act in the case of Arver v. United States on 7 January 1918, on the ground that the Constitution gives Congress the power to declare war and to raise and support armies. The Court also relied on the principle of

12600-490: Was again denied refugee status in this second IRB ruling. Legally different and distinct from a "refugee claim," is an application to stay in Canada on "Humanitarian and Compassionate Grounds" (H&C). War resister Jeremy Hinzman's case was the first to test this distinction : On 6 July 2010, the Canadian Federal Court of Appeal ruled unanimously that a Canadian immigration official failed to consider

12720-508: Was also deported. Sandate had not applied for legal refugee status as had Long (see details ). The day before Hinzman was to have been deported, " Immigration Minister , Diane Finley said ... the government would not intervene if the courts deny his ... request [to remain in Canada]." By the time she made this statement, it was public knowledge that the first deportee, Robin Long , had already been sentenced to fifteen months of imprisonment. He

12840-454: Was also forced out of Canada. He "was arrested on Wednesday after crossing the border from Canada into Washington State." On 23 February 2009, Cornell was charged with the crime of desertion with the intent to "avoid hazardous duty and shirk important service" On 29 April 2009, Clifford was convicted of desertion and sentenced to one year in prison." Cornell was the first deported Iraq war resister to be charged, convicted and sentenced by

12960-479: Was arbitrary and unpredictable for commoners. While the money lenders were not poor, several overlords tapped them for income. Levies became necessary for the survival of the overlord, allowing the lord to impose taxes at will. These levies included tansen tax on agricultural land for ceremonial expenses. Y akubu takumai tax was raised on all land to rebuild the Ise Grand Shrine , and munabechisen tax

13080-642: Was based on considerations of equity, but Congress was entitled, in the exercise of its constitutional powers, to focus on the question of military need, rather than 'equity.'" In 2013, Judge Gray H. Miller of the United States District Court for the Southern District of Texas ruled that the Service's men-only requirement was unconstitutional, as while at the time Rostker was decided, women were banned from serving in combat,

13200-731: Was common during the Second World War: in Britain, it was commonly known as "call-up" and extended to age 51. Nazi Germany termed it Volkssturm ("People's Storm") and included boys as young as 16 and men as old as 60. During the Second World War, both Britain and the Soviet Union conscripted women. The United States was on the verge of drafting women into the Nurse Corps because it anticipated it would need

13320-544: Was expanded to meet national demand during the World Wars . In the United States, the Selective Service System drafted men for World War I initially in an age range from 21 to 30 but expanded its eligibility in 1918 to an age range of 18 to 45. In the case of a widespread mobilization of forces where service includes homefront defense, ages of conscripts may range much higher, with the oldest conscripts serving in roles requiring lesser mobility. Expanded-age conscription

13440-529: Was imposed on all houses . At the time, land in Kyoto was acquired by commoners through usury and in 1422 the shogun threatened to repossess the land of those commoners who failed to pay their levies. The system of military slaves was widely used in the Middle East , beginning with the creation of the corps of Turkic slave-soldiers ( ghulams or mamluks ) by the Abbasid caliph al-Mu'tasim in

13560-430: Was not an issue before her and did not have to be decided. The duo's lawyer, Jeffrey House, says the decisions at both levels were also based on the erroneous view that American jurisprudence gives war resisters the right to seek a remedy if they question the legality of a war. In fact, he argues that this is not true. The leading case on the "political questions doctrine" which revolves around whether people can challenge

13680-478: Was ordered deported and told that he must leave the country voluntarily by 12 June 2008. The rejection ... was based on a failed pre-removal risk assessment by Citizenship and Immigration Canada , which found that, if removed from the country, Glass would not be at immediate risk of death, torture, or cruel or unusual treatment or punishment. ... This first rejection could be a chilling sign of things to come for at least nine other war resisters who have requested

13800-675: Was passed twice by the House of Commons of Canada : on June 3, 2008 , and on March 30, 2009. After the motion passed the first time, the media began to use the term "war resister," also. There was some controversy when the Canadian Supreme Court refused to hear the appeals of two American army deserters, Jeremy Hinzman and Brandon Hughey, whose requests for refugee status were denied. Both had deserted to Canada in 2004 after learning they were to be deployed to Iraq. The high court, as usual, gave no reasons for its refusal. Earlier

13920-434: Was rejected by Justice Mactavish as being of "limited assistance." The case involved a Yemeni who was denied status by the IRB. Al-Maisri acknowledged he was prepared to fight for Yemen to protect it from aggression, but was not prepared to fight for Iraq against Kuwait. Yemen was an Iraqi supporter. The Court of Appeal held that "non-defensive incursion into foreign territory" was within the ambit of paragraph 171 and overturned

14040-450: Was rejected by the IRB. The adjudicators held that they were not conscientious objectors (because they were not opposed to wars in general); the U.S. was willing and able to protect them; and that their treatment would not amount to persecution. Paragraph 171 of UN Handbook on Procedures and Criteria for Determining Convention Refugee Status provides that where the type of military action with which an individual does not wish to be associated

14160-459: Was sentenced 22 August 2008, a month before Diane Finley's statement. Eleven days after Diane Finley 's comments there was a nationally televised election debate in which the Conservative party leader Prime Minister Stephen Harper was pressed by Gilles Duceppe into answering a question about his position on the Iraq War : Harper said he erred in calling for Canada's participation in

14280-520: Was significantly flawed about [the officer's] decision." On 5 April 2011, in a similar situation, the Federal Court ruled in favor of Dean Walcott who was seeking a judicial review of his previous application to remain in Canada on humanitarian grounds. He can now reapply to remain in Canada. After carefully considering written submissions, I ruled on November 12, 2004, for the reasons set out in my Interlocutory Reasons of that date, that Mr. Hinzman's allegation that US military action in Iraq

14400-540: Was to sell Ilkum lands and the commitments along with them. With the exception of a few exempted classes, this was forbidden by the Code of Hammurabi. Under the feudal laws on the European continent, landowners in the medieval period enforced a system whereby all peasants , freemen commoners and noblemen aged 15 to 60 living in the countryside or in urban centers, were summoned for military duty when required by either

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