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Joshua "Josh" Key is a United States Army deserter, who fled while on leave from the Iraq War, and is a current resident of Canada. He is the author, with Lawrence Hill, of The Deserter's Tale, a book chronicling his service in Iraq and his subsequent departure from military life.

Personal life

Joshua Key was born in 1978 in Guthrie, Oklahoma, which is located just outside Oklahoma City.

At age 20, he married Brandi Johnston, with whom he has four children. She initially joined him in moving to Canada, but later divorced him and returned to the US with their children.

Military service and desertion

In 2002 Key enlisted in the United States Army. He attended basic training and was stationed in Fort Carson, Colorado. He was deployed to the Middle East in the 2003 invasion of Iraq.

"Key served as a combat engineer for eight months in Iraq 2003." "Mr. Key had told the IRB that while in Iraq with a unit of combat engineers, he took part in at least 200 raids on civilian homes." When he returned home on leave, he deserted the Army in November, 2003.

Key states he holds no regrets about deserting the US Army, as illustrated on the back cover of The Deserters Tale. In the book Key gives a short summary of his own life prior, during and after his tour of duty and subsequent desertion. In the book Key claims to have witnessed many troubling acts: systematic vandalism of Iraqi homes during house raids, murder of an Iraqi child, and sexual abuse of innocent women, all purportedly committed by American soldiers and officers.

After deserting the military, Key spent 14 months in hiding in the US before going to Canada.

Life in Canada

He fled to Toronto, Ontario, Canada on March 8, 2005, and 3 days later made a claim for asylum as a conscientious objector seeking refugee status.

First hearing at Canada's Immigration and Refugee Board

Negative IRB decision: Oct 20, 2006

He had a hearing at Canada's Immigration and Refugee Board (IRB), represented by Jeffry House, but the Board rendered a negative decision on Oct 20, 2006. He appealed to the Federal Court.

Successful appeal: Canada's Federal Court Ruling of July 4, 2008

On July 4, 2008, Joshua Key won a Federal Court appeal forcing the IRB to re-examine his claim for refugee status in Canada.

The IRB was ordered to take another look at Key's failed bid for asylum in an unprecedented court ruling that could affect scores of other U.S. soldiers, now in Canada, who have refused to fight in Iraq. In the decision the Federal Court found the IRB made mistakes in turning down Joshua Key's claim for asylum.

While the earlier board deemed him credible, it declined his claim for refugee status on the grounds he was not required to systematically commit war crimes. The earlier board rulings deemed that it was not important enough that he had to violate the Geneva Conventions. Federal Court Justice Robert Barnes disagreed with that earlier analysis. "Officially condoned military misconduct falling well short of a war crime may support a claim to refugee protection," Barnes wrote. Military action that "systematically degrades, abuses or humiliates" either combatants or non-combatants could provide such support, he said.

Prior to Justice Barnes' ruling, and after turning down several similar asylum claims, the refugee board had consistently held that the United States is a democracy, which affords deserters due judicial process. However, the Federal Court said the board should hear evidence on whether deserters can rely on the American government to treat them fairly regardless of its status as a democracy.

On July 14, 2008, a Los Angeles Times editorial referred to the July 4 ruling from Canada's Federal Court with these words:

...we should take a second look at our procedures for dealing with soldiers who allege human rights violations -- before they become deserters… we would prefer not to hear shameful allegations from our own deserters and be judged by our neighbors, we cannot lightly dismiss expressions of moral outrage...

The Canadian Broadcasting Corporation's July 4, 2008 coverage of the story said that there is now a possibility that he "could qualify as a refugee."

Second IRB hearing: June 3, 2009

On June 3, 2009, Joshua Key had a new hearing in front of the IRB. Ken Atkinson, the immigration board member who heard Key's case, reserved his decision. Lawrence Hill was present at this hearing, while supporters held a vigil outside. He was represented by attorney Alyssa Manning.

Negative IRB decision: July 30, 2010

On July 30, 2010, Ken Atkinson of the IRB made a decision which rejected granting refugee status to Key. Atkinson stated, "I find that the claimant is neither a . . . refugee nor a person in need of protection."

Atkinson went on to say, "I find that there is adequate state protection in the USA and the claimant has not taken all reasonable steps to pursue the available state protection." The IRB made this statement even after the Federal Court had previously instructed the IRB to hear evidence on whether deserters can rely on the American government to treat them fairly (see above).

The negative ruling meant the Canada Border Services Agency could deport Key. Key said in a telephone interview that he is hopeful the Federal Court of Appeal would agree to hear his case, allowing him to stay in Canada.

Three months later, on 22 October 2010, Wikileaks released documents on the Iraq War which dealt, in part, with civilian deaths. Key praised these leaked documents as supporting his refugee claim.

In 2016, Key was granted temporary permission to work and receive government health care while his case continues to be reviewed.

See also

• List of Iraq War Resisters
• Canada and Iraq War Resisters
• Nuremberg Defense
• Jeremy Hinzman

Notes

1. ^ Key, Joshua; Hill, Lawrence (June 2007). The Deserter's Tale: The Story of an Ordinary Soldier Who Walked Away from the War in Iraq. Atlantic Monthly. ISBN 978-0-87113-954-2.
2. ^ Key, Joshua; Hill, Lawrence (June 2007). The Deserter's Tale: The Story of an Ordinary Soldier Who Walked Away from the War in Iraq. House of Ansi Press. ISBN 978-0-88784-208-5.
3. Hill, Lawrence (November 24, 2007). "Just desertions". Ottawa Citizen. Archived from the original on 15 February 2009. Retrieved 30 January 2009.
4. Joshua Key being interviewed on June 2, 2009, by Janette Luu, the host for CANOE Live, a local TV program on Sun TV in Toronto, Ontario, Canada. In this video - at 2:01 -, Joshua states "...I have an ex-wife, my four children that moved back to the United States...."
5. ^ Perkel, Colin (2008-07-04). "U.S. deserter wins appeal". The Canadian Press, and the Toronto Star.
6. ^ Ha, Tu Thanh (July 4, 2008). "U.S. deserter wins appeal in fight for refugee status". The Globe and Mail. Retrieved 24 January 2009.
7. ^ Joshua Key being interviewed on June 2, 2009, by Janette Luu, the host for CANOE Live, a local TV program on Sun TV in Toronto, Ontario, Canada
8. ^ "Key v. Canada (Citizenship and Immigration) (2008 FC 838) IMM-5923-06". Federal Court (Canada). July 4, 2008. Retrieved 21 July 2009.
9. Perkel, Colin (2008-07-04). "Refugee board ordered to rehear U.S. war dodger's failed asylum bid". The Canadian Press.
10. Carter, Lee (July 5, 2008). "Canada ruling boosts US deserter". BBC. Retrieved 30 January 2009.
11. "Seeking Asylum in Canada: The case of U.S. Army deserter Joshua Key should prompt the U.S. to do some soul-searching". Los Angeles Times. July 14, 2008. Retrieved 24 January 2009.
12. "U.S. deserter could qualify as refugee: court". CBC News. 2008-07-04.
13. ^ Byrne, Ciara (June 3, 2009). "War deserter Joshua Key says he will be treated unfairly if sent back to U.S." The Canadian Press, and Metro International (Vancouver). Retrieved June 7, 2009.
14. ^ laura k (wmtc blog) (June 5, 2009). "joshua key irb hearing, part one". Retrieved 2009-06-07.
15. Serba, Andrew (June 3, 2009). "Hazing, persecution cited in U.S army deserter's bid to stay in Canada". NewsFIX (Toronto Community News). Archived from the original on February 24, 2012. Retrieved 2009-06-07.
16. NewsFIX Staff (June 3, 2009). "Protesters want war resister to stay in Canada". NewsFIX (Toronto community news). Archived from the original on February 24, 2012. Retrieved June 7, 2009.
17. Canadian Legal Information Institute (July 30, 2010). "Key (Re), 2010 CanLII 62705 (I.R.B.); RPD File No. : TA5-03896; DE NOVO: Reasons and Decision". Canadian Legal Information Institute. Retrieved 13 November 2010.
18. ^ Peter Edwards (November 4, 2010). "Refugee board rejects U.S. Army deserter". Toronto Star. Retrieved November 6, 2010.
19. Ashante Infantry (October 24, 2010). "U.S. war resisters praise WikiLeaks". Toronto Star. Retrieved Nov 7, 2010.

References

• Key, Joshua; Hill, Lawrence (June 2007). "The Deserter's Tale: The Story of an Ordinary Soldier Who Walked Away from the War in Iraq". Atlantic Monthly. ISBN 978-0-87113-954-2.
• Key, Joshua; Hill, Lawrence (June 2007). The Deserter's Tale: The Story of an Ordinary Soldier Who Walked Away from the War in Iraq. House of Anansi Press. ISBN 978-0-88784-208-5.

External links

• Co-Author of The Deserter's Tale, Lawrence Hill's website
• A critical review of the book, with excerpts

Video Links

• Joshua Key interviewed June 2, 2009 on YouTube by Janette Luu, the host for CANOE Live, a local TV program on Sun TV in Toronto, Ontario, Canada
• Vigil for war resister Joshua Key in front of Toronto courthouse on YouTube

v t e Iraq War (2003–2011)
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War crimes Occupation forces Killings and massacres During the 2003 invasion U.S. killings of journalists Fallujah killings Killing of Nadhem Abdullah (2003) Murder of Muhamad Husain Kadir Mukaradeeb wedding party massacre (2004) Haifa Street helicopter incident (2005) Tal Afar shootings (2005) Basra prison incident (2005) Haditha massacre (2005) Mahmudiyah rape and killings (2006) Ishaqi massacre (2006) Baghdad detainee killings (2006) Hamdania incident (2006) Iraqi bodyguard killing (2006) Iron Triangle Murders (2006) Baghdad airstrike (2007) Nisour Square massacre (2007) Iraq War Logs (2010) Chemical weapons Use of white phosphorus by the United States (2004–05) Torture and abuse Abu Ghraib prison (2003–06) Camp Bucca (2003–09) Camp Nama (2003–04) Balad Air Base (2003–2011) Death of Nagem Hatab (2003) Killing of Baha Mousa (2003) Death of Abed Hamed Mowhoush (2003) Killing of Manadel al-Jamadi (2003) Death of Fashad Mohamed (2004) § Other killings and bombings 2003 Jordanian embassy Canal Hotel Imam Ali mosque bombing Baghdad October 2003 2004 Erbil 2004 Ashura massacre Basra 2004 Mosul 2004 2004 church bombings Baghdad bombings 14 September 30 September Karbala and Najaf bombings Baqubah 2004 Kufa mosque bombing 2005 Al Hillah 2005 Erbil 2005 Musayyib bombing Baghdad bombings August September Balad 2005 Khanaqin bombings 2006 Karbala and Ramadi Al-Askari mosque 2006 Buratha mosque bombing Sadr City bombings July November Hayy Al-Jihad massacre 2007 Mustansiriya University Baghdad bombings 22 January 3 February 12 February 18 February 29 March 18 April 26 July 1 August Al Hillah 2007 Tal Afar 2007 Iraqi Parliament 2007 Karbala mosque bombings Massacres of Yazidis April massacre Qahtaniyah bombings Makhmour Abu Sayda Al-Askari mosque 2007 Al-Khilani mosque bombing Amirli bombing Kirkuk 2007 Al Amarah bombings 2008 Bagdad bombings February March June Balad 2008 Karbala 2008 Al-Karmah Dujail bombing Balad Ruz bombing Attacks on Christians in Mosul 2009 Bagdad bombings March 6 April June August October December Baghdad–Miqdadiyah Taza bombing Kirkuk 2009 Tal Afar 2009 2010 Nationwide attacks 10 May 25 August Bagdad bombings January February April August September November Baqubah 2010 Baghdad church massacre 2011 Nationwide attacks January August Bagdad bombings January August October Arba'een bombings Tikrit assault Al Hillah 2011 Samarra bombing Al Diwaniyah bombing Taji bombings Karbala 2011 Basra 2011 Other war crimes Raid on Camp Ashraf (2011) Archaeological looting Chlorine bombings Torture by the Wolf Brigade (2004–2011) Prosecution United States and the International Criminal Court Hague Invasion Act Prosecution for the 2003 invasion Abtan v. Blackwater Hamdan v. Rumsfeld Saleh v. Bush Taguba Report § All attacks listed in this group were either committed by insurgents, or have unknown perpetrators
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Related Anti-Ballistic Missile Treaty Chelsea Manning CIA black sites Efforts to impeach George W. Bush "Enhanced interrogation techniques" Torture in the United States Extraordinary rendition Green Zone Guantanamo Bay detention camp Gulf of Tonkin incident Resolution Military–industrial complex Neoconservatism Patriot Act Petrodollar warfare theory Post-9/11 Special Relationship The Iraq War: A Historiography of Misplaced Pages Changelogs Unilateralism Unitary executive theory U.S. foreign policy in the Middle East WikiLeaks Ba'ath Party archives
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• 1978 births
• Living people
• United States Army soldiers
• United States Army personnel of the Iraq War
• American conscientious objectors
• American anti–Iraq War activists
• Iraq War resisters
• Deserters
• American male writers
• Refugees in Canada
• People from Guthrie, Oklahoma