ABSTRACT
A number of US soldiers have refused to serve in armed conflicts in Afghanistan and Iraq and have claimed refugee protection in Canada to escape punishment by US military law. This chapter argues that these wars are contrary to international law and/or are conducted in violation of international humanitarian law. In the Zolfagharkhani decision, Justice MacGuigan does not use the term selective objectors' nor does he expressly distinguish these types of claims from absolute conscientious objectors'. In Lebedev, Justice de Montigny dissipates any ambiguities by distinguishing clearly between two types of objectors: As it conscientious objection applies to those who are totally opposed to war because of their politics, ethics or religion. In Lebedev, concerning a Russian soldier's refusal to fight in Chechnya, an international condemnation by the Security Council was not imaginable given that Russia can use its veto to block the adoption of a resolution.
