Facts:The applicant was an American serviceman who was based in Germany and was a helicopter maintenance mechanic. After being ordered to go to Iraq, he claimed asylum in Germany because he considered the war there to be illegal and giving rise to war crimes. He claimed, in essence, that because of his refusal to perform military service in Iraq, he … Read More
C-472/13: Andre Lawrence Shepherd v Bundesrepublik Deutschland
| Respondent/Defendant: | Bundesrepublik Deutschland |
| Court/s: | ECJ |
| Citation/s: | C-472/13 |
| Nature of Proceedings: | Premilinary reference to CJEU |
| Judgment Date/s: | 26 Feb 2015 |
| Judge: | R. Silva de Lapuerta, President of the Chamber, K. Lenaerts, Vice-President of the Court, acting as a Judge of the Second Chamber, J.-C. Bonichot (Rapporteur), A. Arabadjiev and J. L. da Cruz Vilaça, Judges |
| Category: | Refugee Law |
| Keywords: | Persecution, Refugee |
| Country of Origin: | USA |
| URL: | http://curia.europa.eu/juris/document/document.jsf;jsessionid=9ea7d2dc30d501ceae4dfd6a46019b86b5bf05600df6.e34KaxiLc3qMb40Rch0SaxuSbNr0?text=&docid=162544&pageIndex=0&doclang=en&mode=lst&dir=&occ=first&part=1&cid=258468 |
| Geographic Focus: | Europe |
| Principles: | This decision provides important clarification for the Irish asylum authorities on the circumstances in which refusal to perform military service will expose an applicant for asylum to persecution. It also sets out criteria by reference to which a claim that participation in military service will entail the facilitation of war crimes can be assessed. |