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Via the struggle against terrorism, the notion of war has made its entry into criminal law. The insertion of hostilities into the internal juridical order was first carried out by administrative acts concerning foreigners, justified in the name of the state of emergency. But the Military Commissions Act inscribes this notion of war permanently into law. At the same time, it changes both its content and its field of application. It allows the U.S. president to designate the country’s own citizens and its political opponents as enemies.