Germany Denies U.S. Soldier Asylum

The New York Times reports:

The German government has denied asylum to an American soldier who deserted in 2007 to avoid a second deployment in Iraq.

The case of the soldier, André Shepherd, had been closely watched by antiwar advocates as a test of whether the German government was prepared to deem the war in Iraq unlawful. Germany is home to tens of thousands of American troops, as well as to airbases and military hospitals that are vital to operations in Iraq and Afghanistan.

Mr. Shepherd, an Apache helicopter mechanic who spent part of 2004 and early 2005 in Iraq, was based in Germany when he went into hiding in 2007 after learning that his unit, the 412th Aviation Support Battalion, would deploy to Iraq. A soldier who goes missing for more than 30 days is categorized as a deserter by the military.

Raised in and around Cleveland, Mr. Shepherd stayed underground in Germany for more than 18 months with the help of peace groups. He surfaced in late 2008 to apply for asylum, arguing that he would have been forced to participate in war crimes if sent back to Iraq. In a statement issued at that time, Mr. Shepherd said he had decided against applying for conscientious objector because one must oppose war in all forms to be eligible, and that he did not.

The German government, in a statement issued on Monday, said it had rejected his petition because Mr. Shepherd could not cite concrete examples of war crimes committed during his first deployment to Iraq.

The German government did not say in its statement whether it would try to deport Mr. Shepherd. The Army does not typically track down the thousands of service members who desert each year, but if Mr. Shepherd is returned to the United States, he could face jail time.