John Kerry's stance on

Military Combatants: The Bush Administration has labeled those suspected of al-Queda ties as "enemy combatants." This label does not guarantee the detainees the human rights outlined in the Geneva Convention specific to Prisoner of War status. The prisoners were being held at Guantanmo Bay. However,a report released on October 12, 2004 by the Human Rights Watch explains that 11 al-Queda detainees have disappeared. According to the report "Central Intelligence Agency is holding al-Qaeda suspects in "secret locations," reportedly outside the United States, with no notification to their families, no access to the International Committee of the Red Cross or oversight of any sort of their treatment, and in some cases, no acknowledgement that they are even being held." Under the Geneva Convention the Red Cross must be granted access to the detainees, and International Treaties prohibit detaining in secret locations.

John Kerry

Description of the candidate's position: According to a CNN special report Kerry is against labeling US citizens as enemy combatants. Kerry states, "citizens should have the right to a lawyer and that foreign citizens should be given the right to hearings to determine their status" (Kerry press release, 12/1/03)."

Quotation from the candidate: John Kerry would permit access to lawyers, hold hearings to determine status, and limit the length of detentions. "John Ashcroft has designated American citizens as 'enemy combatants,' and has incarcerated them indefinitely without charging them with a crime, without allowing them to appear in court, without allowing them to consult with counsel or communicate in any way with the outside world." link "On the detention of enemy combatants I believe the administrations approach is just plain wrong" Kerry link

Assessment of the proposal:

Positive: Human Rights Watch wants all detainees brought to justice under the law and granted Red Cross assistance. HRW is critical of the Bush Administration's treatment of enemy combatants: "Those guilty of serious crimes must be brought to justice before fair trials," said Brody. "If the United States embraces the torture and 'disappearance' of its opponents, it abandons its ideals and international obligations and becomes a lesser nation." (HRW website http://www.hrw.org/english/docs/2004/10/12/usint9463.htm)

Negative: Currently being researched

Comparison: Bush believes labeling detainees as military combatants is acceptable, and will continue this practice if he is elected for a second term.

Link to Bush's page on military combatants