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. 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 ).