Enemies are those whom we declare war upon, or who declare it against us; all others are traitors or pirates.

Explanation

The law distinguishes between a lawful enemy — entitled to the protections of the law of war — and an outlaw who operates without sovereign authority.

Where this applies

• There's a difference between a legitimate enemy and a pirate or terrorist.
• Only those against whom war has been formally declared are lawful enemies.
• Anyone else operating without sovereign authority is a traitor or outlaw.

See also

• 12.10.2 The law of nations is that which regulates the intercourse of nations.
• 12.10.4 An aggressor who puts himself into a state of war with another and unjustly invades another's right can never, by such unjust war, come to have a right over the conquered.