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Enemy combatant is a term referring to persons who, either lawfully or unlawfully, directly engages in hostilities for an enemy state or non-state actor in an armed conflict.〔(Detention of Enemy Combatants Act (Introduced in House) 109th CONGRESS 1st Session H. R. 1076 ) March 3, 2005 :(8) The term 'enemy combatant' has historically referred to all of the citizens of a state with which the Nation is at war, and who are members of the armed force of that enemy state. Enemy combatants in the present conflict, however, come from many nations, wear no uniforms, and use unconventional weapons. Enemy combatants in the war on terrorism are not defined by simple, readily apparent criteria, such as citizenship or military uniform. And the power to name a citizen as an 'enemy combatant' is therefore extraordinarily broad. (Emphasis added)〕〔The current United States Department of Defense definition is: "In general, a person engaged in hostilities against the United States or its coalition partners during an armed conflict."(source DOD dictionary (enemy combatant ))〕 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).〔ICRC (commentary ) on (Convention (III) relative to the Treatment of Prisoners of War. Geneva, 12 August 1949: Part I : General provisions: Conflicts no of an international character )〕 In the United States the phrase "enemy combatant" was used after the September 11 attacks 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 as part of the war on terror. 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". ==Change of meaning in the United States== In the 1942 Supreme Court of the United States ruling Ex Parte Quirin, the Court uses the terms with their historical meanings to distinguish between unlawful combatants 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,〔US Congress' joint resolution of lexi September 18, 2001 (Authorization for Use of Military Force ("AUMF") ); public law 107-40, 115 Stat. 224〕 wherein the Congress invoked the War Powers Resolution. Using this authorization granted to him by Congress, on November 13, 2001, President George W. Bush issued a Presidential Military Order: "''Detention, Treatment, and Trial of Certain Non-Citizens in the War Against Terrorism''".〔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〕 The administration chose to call those who it detained under the Presidential Military Orders "enemy combatants". The Bush administration began using the term in March 2002. William Lietzau, a legal advisor in the Bush administration first proposed using the term. According to Lietzau, America was detaining people not because they were criminals, but because they were the enemy. While the term was not drawn from the Quirin case, the administration looked to Quirin as validation of the term.〔 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. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Enemy combatant」の詳細全文を読む スポンサード リンク
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