Enemy


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ENEMY, international law. By this term is understood the whole body of a nation at war with another. It also signifies a citizen or subject of such a nation, as when we say an alien enemy. In a still more extended sense, the word includes any of the subjects or citizens of a state in amity with the United States, who, have commenced, or have made preparations for commencing hostilities against the United States; and also the citizens or subjects of a state in amity with the United States, who are in the service of a state at war with them. Salk. 635; Bac. Ab. Treason, G.
     2. An enemy cannot, as a general rule, enter into any contract which can be enforced in the courts of law; but the rule is not without exceptions; as, for example, when a state permits expressly its own citizens to trade with the enemy; and perhaps a contract for necessaries, or for money to enable the individual to get home, might be enforced. 7 Pet. R. 586.
     3. An alien enemy cannot, in general, sue during the war, a citizen of the United States, either in the courts of, the United States, or those of the several states. 1 Kent, Com. 68; 15 John. R. 57 S. C. 16 John. R. 438. Vide Marsh. Ins. c. 2, s. 1; Park. Ins. Index. h.t.; Wesk. Ins. 197; Phil. Ins. Index. h.t.; Chit. Comm. Law, Index, h.t.; Chit. Law of Nations, Index, h.t.
     4. By the term enemy is also understood, a person who is desirous of doing injury to another. The Latins had two terms to signify these two classes of persons; the first, or the public enemy, they called hostis, and the latter, or the private enemy, inimicus.

References in periodicals archive ?
The enemy property shall continue to vest in the Custodian till it is divested by the Central Government.
I have baselined my experience in the fundamentals of contemporary counterinsurgency (COIN) operations, but focus on our ability to stay on the offensive and disrupt enemy efforts to attack our formations.
After identifying these key items by agents and spies, every effort should be made to secretly weaken the enemy's defenses and ability to wage war.
Harry Heth decided to attack when they encountered an enemy force at the outskirts of Gettysburg.
As the Center for Constitutional Rights has noted, this could mean that even lawyers for detainees at Guantanamo could be designated as enemy combatants since they could be construed as giving "material support" to those engaged in hostilities against the United States.
For extraordinary heroism in military operation against an armed enemy of the United States as a 24th Special Tactics Squadron, Combat Controller in the vicinity of Gardez, in the eastern highlands of Afghanistan, on 4 March 2002.
After all, it is argued, when facing a purely evil, irrational, nihilistic enemy like a terrorist movement, war becomes the only possible means of response.
Populism, then, is considered the enemy here; even when it is not racist, it is usually protectionist and backward-looking.
As the New York Times noted in a legal analysis: "The upshot of that approach, underscored by the decision in Padilla's case, is that no one outside the administration knows just how the determination is made: whether to handle a terror suspect as an enemy combatant or as a common criminal, to hold him indefinitely without charges in a military facility or to charge him in court."
Within two months of its release in 1988, Public Enemy's "It Takes A Nation of Millions To Hold Us Back," had already sold a million copies and perhaps set off an equal number of debates.
Within 30 hours of arriving, Sergeant Markham introduced himself to his new Northern Alliance hosts by engaging entrenched enemy forces on an opposing ridgeline.
One source picked up by the military said that the enemy was not in the valley but actually, Naylor writes, "living up on the ridgelines and coming into the villages to get supplies." Satellite photography caught one RPG, which, warned one officer, probably meant there were more, but no one knew just how many.