When was the terminology change? I would assume judges especially those up for SCOTUS would keep abreast of such things?
I took it 1995. Back in the day that I wrote the LOAC blurb for Swordy’s Lexicon, I used the LOAC site. That site has since been changed so that the original clear definitions are no longer available. As for the judge being ‘up’ on the things. I doubt the judge was fully conversant in LOAC and Graham didn’t really ask him for detail. The use of ‘enemy combatant’ for all classes of combatants is journalistic laziness. The Wehrmacht were enemy combatants as they worked for Germany and had protection under the Geneva Convention. Had to be prisoners and treated a certain way. Lawful/unlawful/non-combatants are the categories. Lawful can become unlawful depending on their actions. Unlawful are always unlawful.