TITLE

IS GERMANY THE NEW CANADA? ONE AMERICAN DESERTER'S REQUEST FOR GERMAN ASYLUM

AUTHOR(S)
DEICHERT, CHRISTIAN L.
PUB. DATE
September 2010
SOURCE
Military Law Review;Fall2010, Vol. 205, p94
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
The article discusses the implications of Andreé Shepherd's legal claims in his application for asylum in the context of the current status of German and European law. Shepherd is the first American deserter applying for asylum in Germany under the European Union (EU) rules. It examines the factual background of his case and his argument that he deserted to avoid committing war crimes and addresses the development of the 2004 European Union legislation as basis of Shepherd's asylum claim. It focuses on the factual and legal differences between Major Florian Pfaff who disobeyed his orders in April 2003 and Shepherd's situation. It concludes that Shepherd could have a stronger case if he objected during his first deployment and it is probable that others will try to succeed.
ACCESSION #
59563038

 

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