This paper examines the tensions at play in three important documents involved in the 'war on terror': the "Application of Treaties" White House Legal Counsel Memo of 2001, the "National Security Strategy" document of 2002, and the 2004 Supreme Court decision Hamdi v. Rumsfeld. Reading these documents, it becomes clear that there is an overarching misunderstanding and confusion of the traditionally separate concepts of 'criminal' and 'enemy' in the struggle against globalized terrorism.