André Shepherd

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.

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 Battalion 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.

Asylum Seeker in Germany
Shepherd decided that he could no longer support the war in Iraq. He felt he could not apply for conscientious objection 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.

On April 7, 2011, Sheperd launched an appeal against the rejection.

On January 23, 2013, the administrative court in Munich was supposed to have heard his case. However, the hearing was cancelled. The court sent a request for a preliminary ruling to the [European Court of Justice] in [Luxembourg] for clarification on applicable [European Union] laws. Shepherd's appeal to the German court has been stayed pending the outcome of the European Court of Justice ruling.

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.