
Soldiers who have been stop-lossed are in a very difficult position if they are looking to avoid more military service. Many soldiers have fought the stop-loss in court, which is the method most assume they would use. However, the courts have usually side against the soldier, in favor of the U.S. government. A law suit is a valid, but most likely ineffective way to fight stop-loss.
Soldiers have already attempted to seek refugee status in Canada, but Canada rejected the claim pointing out the difference between prosecution and persecution. Canada also fears a large influx of deserters because during the Vietnam War, many Americans deserted to Canada.
There is the option of going AWOL. Staying in America would be difficult, as we see in the film when Brandon meets a deserter and his family. Mexico and Canada would be the best place to go.
During the Vietnam War, many men were put in jail when they refused to serve. I suppose if a soldier’s lawsuit didn’t work out and he could not flee, and he would literally do anything not to go back to war, jail would not be such a bad option. Jail is a rough place to say the least, but if a person had a moral objection to war, going to jail is better. Unlike going AWOL, jail also makes a stronger statement that stop-loss is wrong.
I feel the only real option our government gives a person to object to stop-loss is through the courts, even though past lawsuits have not been favorable to the soldier. On the bright side, it could possibly delay your tour.
There are other last resorts. If a woman did not want to return to Iraq, she could get pregnant. If a man did not want to return, he could say he is homosexual.
Interesting discussion. There truly are not many options. The courts have always sided against soldiers when they refuse to serve. Too bad you did not see the movie about Watada.
ReplyDelete