Enemy combatant
Encyclopedia
Enemy combatant is a term historically referring to members of the armed forces of the state with which another state is at war. Prior to 2008, the definition was: "Any person in an armed conflict who could be properly detained under the laws and customs of war." In the case of a civil war
or an insurrection the term "enemy state" may be replaced by the more general term "Party to the conflict" (as described in the 1949 Geneva Conventions
Article 3).
In the United States
the phrase "enemy combatant" was used after 9/11 by the Bush administration to include an alleged member of al Qaeda or the Taliban being held in detention by the U.S. government as part of the war on terror
. In this sense, "enemy combatant" actually refers to persons the United States regards as unlawful combatant
s, a category of persons who do not qualify for prisoner-of-war
status under the Geneva Conventions
. Thus, the term "enemy combatant" has to be read in context to determine whether it means any combatant belonging to an enemy state, whether lawful or unlawful, or if it means an alleged member of al Qaeda or of the Taliban being detained as an unlawful combatant by the United States.
In the United States on March 13, 2009 the Obama administration announced its abandonment of the Bush administration's use of the term "enemy combatant".
ruling Ex Parte Quirin
, the Court uses the terms with their historical meanings to distinguish between unlawful combatant
s and lawful combatants:
In the wake of the September 11, 2001 attacks
the United States Congress passed a resolution known as the Authorization for Use of Military Force Against Terrorists (AUMF)
on September 14, 2001, wherein the Congress invoked the War Powers Resolution
. Using this authorization granted to him by Congress, on November 13, 2001, President Bush
issued a Presidential Military Order: "Detention, Treatment, and Trial of Certain Non-Citizens in the War Against Terrorism
". The administration chose to call those who it detained under the Presidential Military Orders "enemy combatants". Since then, the administration has formalized its usage of the term by using it specifically for detained alleged members and supporters of al-Qaida or the Taliban. For example
This lead has been followed by other parts of the Government and some section of the American news media. The result of this new usage means that the term "enemy combatant" has to be read in the context of the article in which it appears as to whether it means a member of the armed forces of an enemy state, or if it means an alleged member of al Qaida held prisoner by the United States.
the United States Congress
passed the Military Commissions Act of 2006
which contains a definitions for lawful and unlawful enemy combatants.
The Military Commissions Act mandated that Guantanamo captives were no longer entitled to access the US civil justice system, so all outstanding habeas corpus petitions were stayed.
, that the Military Commissions Act
could not remove the right for Guantanamo captives to access the US Federal Court system. And all previous Guantanamo captives' habeas petitions were eligible to be re-instated.
The judges considering the captives' habeas petitions would be considering whether the evidence used to compile the allegations that the detainees were enemy combatants justified a classification of "enemy combatant".
sided with the Bush Administration's interpretation of law when they argued to bar access to civil courts sought by enemy combatants held at the Bagram Airfield in Afghanistan
.
During a hearing on 23 October 2008 US District Court Judge Richard J. Leon
commented on the ambiguity of the term "enemy combatant".
Farah Stockman
, writing in the Boston Globe, quoted Leon's remarks characterizing him as having "lashed out" at Congress and the Supreme Court for leaving the term undefined:
On 27 October 2008 Leon ruled that the definition of "enemy combatant" he would use was that set forth in the 2004 rules for Combatant Status Review Tribunal
s.
Defense attorneys for Lakhdar Boumediene
and his fellow Bosnians of Algeria
n descent were pleased with the definition because the DoD had long since dropped the allegation that they had plotted to attack the US Embassy in Sarajevo, and they felt that none of the remaining allegations met the Leon's definition.
Eric Holder
issued a statement that the United States had abandoned the Bush administration term "enemy combatant".
The statement said, ""As we work toward developing a new policy to govern detainees, it is essential that we operate in a manner that strengthens our national security, is consistent with our values, and is governed by law." Though various human rights groups noted it as primarily a symbolic act.
Civil war
A civil war is a war between organized groups within the same nation state or republic, or, less commonly, between two countries created from a formerly-united nation state....
or an insurrection the term "enemy state" may be replaced by the more general term "Party to the conflict" (as described in the 1949 Geneva Conventions
Third Geneva Convention
The Third Geneva Convention, relative to the treatment of prisoners of war, is one of the four treaties of the Geneva Conventions. It was first adopted in 1929, but was significantly updated in 1949...
Article 3).
In the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
the phrase "enemy combatant" was used after 9/11 by the Bush administration to include an alleged member of al Qaeda or the Taliban being held in detention by the U.S. government as part of the war on terror
War on Terror
The War on Terror is a term commonly applied to an international military campaign led by the United States and the United Kingdom with the support of other North Atlantic Treaty Organisation as well as non-NATO countries...
. In this sense, "enemy combatant" actually refers to persons the United States regards as unlawful combatant
Unlawful combatant
An unlawful combatant or unprivileged combatant/belligerent is a civilian who directly engages in armed conflict in violation of the laws of war. An unlawful combatant may be detained or prosecuted under the domestic law of the detaining state for such action.The Geneva Conventions apply in wars...
s, a category of persons who do not qualify for prisoner-of-war
Prisoner of war
A prisoner of war or enemy prisoner of war is a person, whether civilian or combatant, who is held in custody by an enemy power during or immediately after an armed conflict...
status under the Geneva Conventions
Geneva Conventions
The Geneva Conventions comprise four treaties, and three additional protocols, that establish the standards of international law for the humanitarian treatment of the victims of war...
. Thus, the term "enemy combatant" has to be read in context to determine whether it means any combatant belonging to an enemy state, whether lawful or unlawful, or if it means an alleged member of al Qaeda or of the Taliban being detained as an unlawful combatant by the United States.
In the United States on March 13, 2009 the Obama administration announced its abandonment of the Bush administration's use of the term "enemy combatant".
Change of meaning in the United States
In the 1942 Supreme Court of the United StatesSupreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
ruling Ex Parte Quirin
Ex parte Quirin
Ex parte Quirin, , is a Supreme Court of the United States case that upheld the jurisdiction of a United States military tribunal over the trial of several Operation Pastorius German saboteurs in the United States...
, the Court uses the terms with their historical meanings to distinguish between unlawful combatant
Unlawful combatant
An unlawful combatant or unprivileged combatant/belligerent is a civilian who directly engages in armed conflict in violation of the laws of war. An unlawful combatant may be detained or prosecuted under the domestic law of the detaining state for such action.The Geneva Conventions apply in wars...
s and lawful combatants:
|
In the wake of the September 11, 2001 attacks
September 11, 2001 attacks
The September 11 attacks The September 11 attacks The September 11 attacks (also referred to as September 11, September 11th or 9/119/11 is pronounced "nine eleven". The slash is not part of the pronunciation...
the United States Congress passed a resolution known as the Authorization for Use of Military Force Against Terrorists (AUMF)
Authorization for Use of Military Force Against Terrorists
The Authorization for Use of Military Force Against Terrorists , one of two resolutions commonly known as "AUMF" , was a joint resolution passed by the United States Congress on September 14, 2001, authorizing the use of United States Armed Forces against those responsible for the attacks on...
on September 14, 2001, wherein the Congress invoked the War Powers Resolution
War Powers Resolution
The War Powers Resolution of 1973 is a federal law intended to check the power of the President in committing the United States to an armed conflict without the consent of Congress. The resolution was adopted in the form of a United States Congress joint resolution; this provides that the...
. Using this authorization granted to him by Congress, on November 13, 2001, President Bush
George W. Bush
George Walker Bush is an American politician who served as the 43rd President of the United States, from 2001 to 2009. Before that, he was the 46th Governor of Texas, having served from 1995 to 2000....
issued a Presidential Military Order: "Detention, Treatment, and Trial of Certain Non-Citizens in the War Against Terrorism
Detention, Treatment, and Trial of Certain Non-Citizens in the War Against Terrorism
On November 13, 2001 U.S. President George W. Bush issued a Military Order entitled Detention, Treatment, and Trial of Certain Non-Citizens in the War Against Terrorism.The order:#Defines which individuals the President considers subject to the order....
". The administration chose to call those who it detained under the Presidential Military Orders "enemy combatants". Since then, the administration has formalized its usage of the term by using it specifically for detained alleged members and supporters of al-Qaida or the Taliban. For example
|
This lead has been followed by other parts of the Government and some section of the American news media. The result of this new usage means that the term "enemy combatant" has to be read in the context of the article in which it appears as to whether it means a member of the armed forces of an enemy state, or if it means an alleged member of al Qaida held prisoner by the United States.
Military Commissions Act
Following the Supreme Court's ruling of lexi Hamdan v. RumsfeldHamdan v. Rumsfeld
Hamdan v. Rumsfeld, 548 U.S. 557 , is a case in which the Supreme Court of the United States held that military commissions set up by the Bush administration to try detainees at Guantanamo Bay lack "the power to proceed because its structures and procedures violate both the Uniform Code of Military...
the United States Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
passed the Military Commissions Act of 2006
Military Commissions Act of 2006
The United States Military Commissions Act of 2006, also known as HR-6166, was an Act of Congress signed by President George W. Bush on October 17, 2006. Drafted in the wake of the Supreme Court's decision on Hamdan v...
which contains a definitions for lawful and unlawful enemy combatants.
The Military Commissions Act mandated that Guantanamo captives were no longer entitled to access the US civil justice system, so all outstanding habeas corpus petitions were stayed.
Boumediene v. Bush
On June 12, 2008, the United States Supreme Court ruled, in Boumediene v. BushBoumediene v. Bush
Boumediene v. Bush, 553 U.S. 723 , was a writ of habeas corpus submission made in a civilian court of the United States on behalf of Lakhdar Boumediene, a naturalized citizen of Bosnia and Herzegovina, held in military detention by the United States at the Guantanamo Bay detention camps in Cuba...
, that the Military Commissions Act
Military Commissions Act of 2006
The United States Military Commissions Act of 2006, also known as HR-6166, was an Act of Congress signed by President George W. Bush on October 17, 2006. Drafted in the wake of the Supreme Court's decision on Hamdan v...
could not remove the right for Guantanamo captives to access the US Federal Court system. And all previous Guantanamo captives' habeas petitions were eligible to be re-instated.
The judges considering the captives' habeas petitions would be considering whether the evidence used to compile the allegations that the detainees were enemy combatants justified a classification of "enemy combatant".
Following the Supreme Court's Boumediene v. Bush ruling
On February 20, 2009, the administration of President Barack ObamaBarack Obama
Barack Hussein Obama II is the 44th and current President of the United States. He is the first African American to hold the office. Obama previously served as a United States Senator from Illinois, from January 2005 until he resigned following his victory in the 2008 presidential election.Born in...
sided with the Bush Administration's interpretation of law when they argued to bar access to civil courts sought by enemy combatants held at the Bagram Airfield in Afghanistan
Afghanistan
Afghanistan , officially the Islamic Republic of Afghanistan, is a landlocked country located in the centre of Asia, forming South Asia, Central Asia and the Middle East. With a population of about 29 million, it has an area of , making it the 42nd most populous and 41st largest nation in the world...
.
During a hearing on 23 October 2008 US District Court Judge Richard J. Leon
Richard J. Leon
Richard J. Leon is an American lawyer and current federal judge. He has served as a judge of the United States District Court for the District of Columbia since 2002.-Early life and education:Leon was born in South Natick, Massachusetts...
commented on the ambiguity of the term "enemy combatant".
Farah Stockman
Farah Stockman
Farah Stockman is an award-winning American journalist, currently employed by the Boston Globe.-Education:Stockman attended Harvard University, graduating in 1996....
, writing in the Boston Globe, quoted Leon's remarks characterizing him as having "lashed out" at Congress and the Supreme Court for leaving the term undefined:
|
On 27 October 2008 Leon ruled that the definition of "enemy combatant" he would use was that set forth in the 2004 rules for Combatant Status Review Tribunal
Combatant Status Review Tribunal
The Combatant Status Review Tribunals were a set of tribunals for confirming whether detainees held by the United States at the Guantanamo Bay detention camp had been correctly designated as "enemy combatants". The CSRTs were established July 7, 2004 by order of U.S. Deputy Secretary of Defense...
s.
|
Defense attorneys for Lakhdar Boumediene
Lakhdar Boumediene
Lakhdar Boumediene, a citizen of Bosnia and Herzegovina was held in military custody in the United States Guantanamo Bay detention camps, in Cuba beginning in January 2002....
and his fellow Bosnians of Algeria
Algeria
Algeria , officially the People's Democratic Republic of Algeria , also formally referred to as the Democratic and Popular Republic of Algeria, is a country in the Maghreb region of Northwest Africa with Algiers as its capital.In terms of land area, it is the largest country in Africa and the Arab...
n descent were pleased with the definition because the DoD had long since dropped the allegation that they had plotted to attack the US Embassy in Sarajevo, and they felt that none of the remaining allegations met the Leon's definition.
Obama Presidency abandons the term "enemy combatant"
On March 13, 2009 United States Attorney GeneralUnited States Attorney General
The United States Attorney General is the head of the United States Department of Justice concerned with legal affairs and is the chief law enforcement officer of the United States government. The attorney general is considered to be the chief lawyer of the U.S. government...
Eric Holder
Eric Holder
Eric Himpton Holder, Jr. is the 82nd and current Attorney General of the United States and the first African American to hold the position, serving under President Barack Obama....
issued a statement that the United States had abandoned the Bush administration term "enemy combatant".
The statement said, ""As we work toward developing a new policy to govern detainees, it is essential that we operate in a manner that strengthens our national security, is consistent with our values, and is governed by law." Though various human rights groups noted it as primarily a symbolic act.
See also
- Disarmed Enemy ForcesDisarmed Enemy ForcesDisarmed Enemy Forces , and—less commonly—Surrendered Enemy Forces, was a U.S. designation, both for soldiers who surrendered to an adversary after hostilities ended, and for those previously surrendered POWs who were held in camps in occupied German territory at that time. It is mainly referenced...
- Unlawful combatantUnlawful combatantAn unlawful combatant or unprivileged combatant/belligerent is a civilian who directly engages in armed conflict in violation of the laws of war. An unlawful combatant may be detained or prosecuted under the domestic law of the detaining state for such action.The Geneva Conventions apply in wars...
- al-Marri v. Spagone
- Enemy Combatant (book)Enemy Combatant (book)Enemy Combatant is the title of a book written by a British Muslim, Moazzam Begg, and co-written by Victoria Brittain, a former Associate Foreign Editor for the Guardian newspaper, about Begg's detention by the government of the United States of America in Camp Echo, Guantanamo Bay...
Further reading
- Daniel Torres An Examination of the Legal Rights of American Citizens Detained as Enemy Combatants in the War on Terror
- Read Congressional Research Service (CRS) Reports regarding Enemy Combatants
- Daniel RossDaniel Ross (Australian philosopher and filmmaker)Daniel Ross is an Australian philosopher and filmmaker, best known as the author of and the co-director of the film The Ister...
, Violent Democracy, ch. 6. - Kuwaiti Family Committee is a site with details about the Kuwaiti detainees. They have been deemed enemy combatants by the US government.
- Human Rights First; Behind the Wire: An Update to Ending Secret Detentions (2005)
- Beth Van Schaack, Enemy Combatant: A Genealogy, April 6, 2009.
- National Institute of Military Justice, Detainee and National Security Law