ENEMY, in international law, a nation at war with another. The term includes the nation as a whole, and also individuals belong ing to the latter. A state of war must exist before States assume toward each other the position of enemies. By international law the status of an enemy is regulated according as it is a combatant or non-combatant. If a com batant the opposing nation may employ its whole force toward its destruction. Non combatants, however, in as much as they have no connection with the war but continue their ordinary avocation, are exempt from attack according to the usage of modern civilized peoples. A state of war precludes commercial relations between the non-combatants of states at war, contracts are not upheld, and the courts are closed to enemy aliens. Ordinarily non combatants are not liable to injury in person or property arising from military operations, but it frequently happens that they suffer prop erty losses through bombardments, etc. If at
tacked or robbed by troops of the enemy with out authorization and contrary to international law those troops are liable to punishment by their own military superiors for violation of the rules of war. The modern tendency of civilized peoples is to limit all acts of hostility to the actual combatants in the theatre of war.
It has frequently happened, however, that modern nations while engaged in hostilities with savage peoples have been unable to observe all the rules of international law, and especially the distinction between combatants and non-com batants. See ALIEN; BELLIGERENT; INTERNA Timm. LAW ; WAR, RULES OF, and consult the authorities referred to under these articles.