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| Version | Summary | Created by | Modification | Content Size | Created at | Operation |
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| 1 | Vivi Li | -- | 1165 | 2022-11-30 01:32:31 |
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Enemy combatant is a person who, either lawfully or unlawfully, engages in hostilities for the other side in an armed conflict. Usually enemy combatants are members of the armed forces of the state with which another state is at war. In the case of a civil war or an insurrection "state" may be replaced by the more general term "party to the conflict" (as described in the 1949 Geneva Conventions Article 3). After the September 11 attacks, the term "enemy combatant" was used by the George W. Bush administration to include an alleged member of al-Qaeda or the Taliban being held in detention by the U.S. government. In this sense, "enemy combatant" actually refers to persons the United States regards as unlawful combatants, a category of persons who do not qualify for prisoner-of-war status under the Geneva Conventions. However, unlike unlawful combatants who qualify for some protections under the Fourth Geneva Convention, enemy combatants, under the Bush administration, were not covered by the Geneva Convention. Thus, the term "enemy combatant" has to be read in context to determine whether it means any combatant belonging to an enemy state or non-state actor, 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".
References
- Noah Feldman (2010). Scorpions: The Battles and Triumphs of FDR's Great Supreme Court Justices. 12/Hachette. pp. 329–334.
- US Congress' joint resolution of lexi September 18, 2001 Authorization for Use of Military Force ("AUMF"); public law 107-40, 115 Stat. 224 https://www.law.cornell.edu/uscode/text/50/1541-
- President George W. Bush's Military Order of November 13, 2001: Detention, Treatment, and Trial of Certain Non-Citizens in the War Against Terrorism ; 66 FR 57833 https://georgewbush-whitehouse.archives.gov/news/releases/2001/11/print/20011113-27.html
- Honigsberg, Peter Jan. "The Real Origin of the Term 'Enemy Combatant'". Huffington Post. http://www.huffingtonpost.com/peter-jan-honigsberg/the-real-origin-of-the-te_b_4562216.html.
- Summary of Evidence for Combatant Status Review Tribunal - Detainee Begg, Moazzam https://web.archive.org/web/20081121083600/http://www.cageprisoners.com/downloads/moazzambegg.pdf
- Keisler, Peter D.; Letter, Douglas N. (October 16, 2006). "Notice of Military Commissions Act of 2006". United States Department of Justice. http://natseclaw.typepad.com/natseclaw/files/Hamdan.28j.letter.pdf.
- Pickler, Nedra; Apuzzo, Matt (February 20, 2009). "Obama backs Bush: No rights for Bagram prisoners". Star Telegram. http://www.star-telegram.com/190/story/1216322.html.
- Stockman, Farah (October 24, 2008). "Lawyers debate 'enemy combatant'". The Boston Globe. http://www.boston.com/news/nation/washington/articles/2008/10/24/lawyers_debate_enemy_combatant/.
- Denniston, Lyle (October 27, 2008). "Defining a wartime "enemy"". Scotusblog. http://www.scotusblog.com/wp/defining-a-wartime-enemy/.
- Mikkelson, Randal (March 14, 2009). "Guantanamo inmates no longer "enemy combatants"". Reuters. https://www.reuters.com/article/newsOne/idUSTRE52C59220090314?sp=true.
- Denniston, Lyle (March 13, 2009). "U.S. defines its claim to detention power". Scotusblog. http://www.scotusblog.com/wp/us-defines-its-claim-to-detention-power/#more-8978.
- "U.S. Retires 'Enemy Combatant,' Keeps Broad Right to Detain". The Washington Post. March 14, 2009. https://www.washingtonpost.com/wp-dyn/content/article/2009/03/13/AR2009031302371_2.html.
- Rosenberg, Carol (September 16, 2019). "The Cost of Running Guantánamo Bay: $13 Million Per Prisoner". The New York Times. https://www.nytimes.com/2019/09/16/us/politics/guantanamo-bay-cost-prison.html.
