enemy combatant

An enemy combatant is a person who engages in hostilities against the United States during an armed conflict, typically on behalf of an opposing government or non-state actor. The term gained prominence after the September 11, 2001 terrorist attacks, when it was used by President George W. Bush’s administration to describe individuals suspected of participating in or supporting terrorist activities against the United States.

This designation allowed the U.S. government to detain individuals without formal charges, often indefinitely, and outside the standard protections of the U.S. criminal justice system or the Geneva Conventions. Most notably, the term was applied to suspected members of al-Qaeda and the Taliban who were captured abroad and transferred to facilities such as the Guantanamo Bay detention center.

The use of the enemy combatant label raised significant legal questions, particularly regarding whether such detainees were entitled to constitutional protections, and the rights afforded to prisoners of war under international law. The Bush administration argued that detainees held outside U.S. territory and labeled as enemy combatants were not entitled to either.

The U.S. Supreme Court addressed this issue in two key decisions. In Rasul v. Bush (2004), the Court held that detainees at Guantanamo Bay had the right to file habeas corpus petitions in U.S. courts. In Boumediene v. Bush (2008), the Court affirmed that non-citizens held at Guantanamo were entitled to constitutional habeas corpus rights, even if held outside the United States.

In 2009, the Obama administration discontinued the use of the term "enemy combatant" but continued the practice of detaining some individuals without charge at Guantanamo Bay. As of 2025, the legal framework for detaining individuals at Guantanamo Bay remains contested. While the number of detainees has significantly declined, indefinite detention without trial persists for a limited number of individuals, primarily under the laws of war as interpreted by the executive and judicial branches.