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An Israeli army reservist who deserted after refusing to destroy terrorist tunnels in Gaza, then sought political asylum in Canada, has been ordered to return home.

He was also branded a draft dodger, rather than a legitimate conscientious objector, in a court decision that rejected his claim the Israeli military routinely breached international humanitarian law.

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The case hardens the Federal Court of Canada’s stand against foreign nationals fleeing democratic homelands to avoid military service by taking refuge in Canada, as was seen in recent cases of U.S. soldiers refusing to serve during the war in Iraq.

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The decision, released last week, reiterated a country’s right to have compulsory military service without reproach from Canada.

Karen Kirkoyan completed his mandatory military training with the Israeli army in 2002 and was called to duty in 2002 and 2003.

During his first stint, he was detained and imprisoned for two weeks for refusing to enter the Gaza Strip. He finished his service by driving trucks between the military base in Telnov and the Gaza border, but not transporting military equipment.