US troops take legal action to leave Iraq

US: The Pentagon's announcement last week that it is increasing troop levels in Iraq by 12,000 has increased tensions and morale…

US: The Pentagon's announcement last week that it is increasing troop levels in Iraq by 12,000 has increased tensions and morale problems in the overstretched American armed services, writes Conor O'Clery, North America Editor in New York

Several US soldiers are taking legal action to prevent their continued deployment in Iraq after ending their tour of duty, while hundreds of national guardsmen are failing to turn up for re-enlistment. Some soldiers have fled to Canada, where a number are seeking refugee status.

The increase in US troop levels to 150,000 to help provide security for the January 30th Iraqi elections is being achieved partly by a "stop-loss" policy under which soldiers are barred from leaving Iraq even though the term they enlisted for has run out.

Yesterday a law suit was filed in federal court in Washington against the Pentagon order on behalf of eight serving soldiers, with legal support from the Centre for Constitutional Rights.

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The order has caused deep resentments in some military families. The wife of one of the eight, an Arizona National Guardsman, told the New York Times that "the whole morale of his unit is on the floor". In Toronto yesterday, a 26-year-old deserter and veteran of the US campaign in Afghanistan appeared before Canada's Immigration and Refugee Board to plead that he would face persecution if sent home to the US.

The soldier, Jeremy Hinzman of South Dakota, fled to Canada earlier this year after his request for conscientious objector status was turned down.

His request for refugee status has aroused considerable sympathy in Canada, where opposition to the Iraq war is popular, but the Canadian government is opposing the application on grounds that the soldiers are not being persecuted.

Two other US soldiers are planning similar requests for refugee status in a campaign supported by a former marine staff sergeant, Jimmy Massey of North Carolina, who alleges that his unit in Iraq shot several people not involved in violence.

When boosted to 150,000, the US troop levels will be at their highest since May 2003, when the US declared an end to major combat in Iraq.

A leading member of the US Republican Party, Sen Lincoln Chafee, who has just returned from a visit to Iraq, told CNN yesterday morale among US troops had fallen since his last visit a year ago, and the fact that American forces did not control large parts of Baghdad, the city of Mosul or even the 10-mile road from Baghdad to the airport, made the situation "very, very difficult".

Sen Chafee contradicted positive statements on the progress of the war made by Iraqi interim president Mr Ghazi al-Yawar at a meeting with President Bush in Washington, noting that "people say things their guests want to hear".

Mr Bush emphasised to reporters that Iraqi elections would be held as scheduled.