André Shepherd
Encyclopedia
André Shepherd is a U.S. Army Specialist and deserter who applied for asylum in Germany
on November 26, 2008. He is the first Iraq War veteran to pursue refugee status in Europe and only the second U.S. soldier to ever apply for refugee
status in Germany.
Specialist (E-4)
Deployment: September 2004-February 2005
Shepherd became an Apache helicopter
airframe mechanic, hoping to someday qualify up to the role of helicopter pilot. His first unit was deployed to Iraq
when he completed his training. 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.
because U.S. military regulations state a conscientious objector must have an objection to all war in all form. Shepherd's objection was not in opposition to all wars under any circumstances.
On April 11, 2007 Shepherd went Absent Without Leave (AWOL)
from his Katterbach base in Germany.
Shepherd's application for asylum 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
(also see Nuremberg Principles
), stating "It is established that a person cannot defend his or her actions by explaining that they had simply been following orders."
Shepherd stated on the grounds of his decision: “We should not be forced to fight an illegal war, nor should we be persecuted for refusing to do so” and “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.”
Shepherd's asylum application in effect asks Germany to define the war in Iraq as a violation of international law, which has led to opposition from some German politicians to the application, over worry that it could harm US–German relations.
Has been working with the Iraq Veterans Against the War
for the past few months and has been a part of Winter Soldier: Europe that took place in Germany on March 14, 2009. Videos of the event where posted to youtube by the IVAW.
Shepherd has managed to do very well out of his decision to desert, saying in an interview with the Wall Street Journal, 'I'm having the time of my life!' He has been given his own bed and room at the refugee detention center, and has received numerous other perks such as a cell phone, free language lessons from an asylum support group and a bank account periodically filled by his supporters.
The German printed Greenpeace magazine reported in its February 2009 edition about this asylum case.
On April 4, 2011, the German government announced that it had denied Shepherd's asylum application.
Germany
Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...
on November 26, 2008. He is the first Iraq War veteran to pursue refugee status in Europe and only the second U.S. soldier to ever apply for refugee
Refugee
A refugee is a person who outside her country of origin or habitual residence because she has suffered persecution on account of race, religion, nationality, political opinion, or because she is a member of a persecuted 'social group'. Such a person may be referred to as an 'asylum seeker' until...
status in Germany.
Background
After attending college Shepherd enlisted in the military early in 2004. He claims he was enticed by promises of financial security and international adventure.Service in Iraq
U.S Army 412 Aviation Support BattalionSpecialist (E-4)
Deployment: September 2004-February 2005
Shepherd became an Apache helicopter
AH-64 Apache
The Boeing AH-64 Apache is a four-blade, twin-engine attack helicopter with a tailwheel-type landing gear arrangement, and a tandem cockpit for a two-man crew. The Apache was developed as Model 77 by Hughes Helicopters for the United States Army's Advanced Attack Helicopter program to replace the...
airframe mechanic, hoping to someday qualify up to the role of helicopter pilot. His first unit was deployed to Iraq
Iraq
Iraq ; officially the Republic of Iraq is a country in Western Asia spanning most of the northwestern end of the Zagros mountain range, the eastern part of the Syrian Desert and the northern part of the Arabian Desert....
when he completed his training. Shepherd spent six months on a forward operating base near Tikrit
Tikrit
Tikrit is a town in Iraq, located 140 km northwest of Baghdad on the Tigris river . The town, with an estimated population in 2002 of about 260,000 is the administrative center of the Salah ad Din Governorate.-Ancient times:...
, working 12-hour days to keep the heavily armed Apaches (and their signature Hellfire missiles) in the air.
Asylum Seeker in Germany
Shepherd decided that he could no longer support the war in Iraq. He felt he could not apply for conscientious objectionConscientious objector
A conscientious objector is an "individual who has claimed the right to refuse to perform military service" on the grounds of freedom of thought, conscience, and/or religion....
because U.S. military regulations state a conscientious objector must have an objection to all war in all form. Shepherd's objection was not in opposition to all wars under any circumstances.
On April 11, 2007 Shepherd went Absent Without Leave (AWOL)
Desertion
In military terminology, desertion is the abandonment of a "duty" or post without permission and is done with the intention of not returning...
from his Katterbach base in Germany.
Shepherd's application for asylum cites a European Union
European Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...
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
Nuremberg Trials
The Nuremberg Trials were a series of military tribunals, held by the victorious Allied forces of World War II, most notable for the prosecution of prominent members of the political, military, and economic leadership of the defeated Nazi Germany....
(also see Nuremberg Principles
Nuremberg Principles
The Nuremberg principles were a set of guidelines for determining what constitutes a war crime. The document was created by the International Law Commission of the United Nations to codify the legal principles underlying the Nuremberg Trials of Nazi party members following World War II.- Principle...
), stating "It is established that a person cannot defend his or her actions by explaining that they had simply been following orders."
Shepherd stated on the grounds of his decision: “We should not be forced to fight an illegal war, nor should we be persecuted for refusing to do so” and “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.”
Shepherd's asylum application in effect asks Germany to define the war in Iraq as a violation of international law, which has led to opposition from some German politicians to the application, over worry that it could harm US–German relations.
Has been working with the Iraq Veterans Against the War
Iraq Veterans Against the War
Iraq Veterans Against the War is an advocacy group of active-duty United States military personnel, Iraq War veterans, Afghanistan War veterans, and other veterans who have served since the September 11, 2001 attacks who are opposed to the U.S. occupation of Iraq...
for the past few months and has been a part of Winter Soldier: Europe that took place in Germany on March 14, 2009. Videos of the event where posted to youtube by the IVAW.
Shepherd has managed to do very well out of his decision to desert, saying in an interview with the Wall Street Journal, 'I'm having the time of my life!' He has been given his own bed and room at the refugee detention center, and has received numerous other perks such as a cell phone, free language lessons from an asylum support group and a bank account periodically filled by his supporters.
The German printed Greenpeace magazine reported in its February 2009 edition about this asylum case.
On April 4, 2011, the German government announced that it had denied Shepherd's asylum application.
Honors
On February 7, 2009 André Shepherd was awarded with the Peace Prize "Peace through Conviction" of the Munich American Peace Committee. The award was presented in the context of protest activities against the Munich Conference for Security Policy.External links
- Press releases, documents and links to news reports about André Shepherd on TPA-active.com
- Information about André Shepherd on the Military Counseling Networks
- How to Support André Shepherd through the connection e.V.
- Tübingen Progressive Americans - A local German group supporting André
- A look at the other side of André Shepherd's decision to apply for asylum in Germany
- Link to a law review article analyzing Shepherd's asylum application