UPDATE: The legal justification for recent U.S. military strikes on alleged drug trafficking vessels in the Caribbean and Pacific is facing intense scrutiny. Bipartisan investigations are underway following a controversial strike on September 2, 2023, near Venezuela, which resulted in the deaths of survivors.
Congressional hearings have been prompted by the escalating death toll, now at 87 from 22 strikes since operations began in September. The strikes have been framed by the Trump administration as acts of self-defense against what they classify as Foreign Terrorist Organizations (FTOs).
Legal experts are questioning the authority behind these military actions. Maryam Jamshidi, a law professor at the University of Colorado Boulder, argues that the FTO designation, intended for groups involved in serious offenses like hijacking, does not grant the U.S. government the right to kill individuals. “The FTO designation does not open up the possibility for murder, killing, assassination, or violence of any kind against members of these organizations,” Jamshidi stated.
Despite these legal concerns, the U.S. Southern Command confirmed that four individuals were killed in the latest strike, directed by Secretary of War Pete Hegseth. This has prompted further questions about the legality of targeting suspected drug traffickers, who the administration contends are enemy combatants due to the threat they pose to American lives.
As investigations unfold, Jamshidi emphasizes the broader implications, stating, “The White House is claiming very broad authority to engage in a series of unprecedented military actions against civilian boats in international waters.” This assertion raises alarms about the potential normalization of military actions in non-combat scenarios.
The congressional investigations have not halted military operations, and with continued pressure from lawmakers, the outcome remains uncertain. The implications for U.S. foreign policy and military engagement in international waters could be significant.
As this situation develops, the focus will be on whether these military actions comply with the Laws of War, and how this could reshape the U.S. approach to combating drug trafficking. The ongoing scrutiny from Congress and legal experts will be critical in determining the future of these operations.
Stay tuned for updates as this story continues to evolve.
