“Back in early September, he declared that the newly renamed Department of War would favor “maximum lethality, not tepid legality.”
The secretary of war clearly meant it, judging from a story in The Washington Post. The paper reports that Hegseth issued verbal orders to the military forces striking suspected drug traffickers in the Caribbean and Pacific to “kill everybody.”
When the inaugural strike in this campaign against a boat off the Trinidadian coast left two survivors clinging to the wreckage of the craft, the commander in charge of the operation, in accordance with Hegseth’s spoken directive, ordered a second strike to take them out too.
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The administration’s officially secret legal justification for these strikes asserts that “narco-terrorists” are using the money earned from trafficking drugs to finance their war against the United States and its allies. Suspected drug smugglers are therefore, it claims, a legitimate counter-terrorism target.
Many international law experts have retorted that the boats themselves pose no imminent threat to Americans, and that the people on board the boats are not combatants but suspected criminals who one would normally expect to be arrested, not executed.
The administration’s position “can justify almost anything the government wants to do to anyone,” wrote Reason’s Matthew Petti back in September.
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Even if one accepts the dubious idea that these strikes are legal, the second strike described in the Post report would violate the laws of war. More plainly, it would be murder.
An order to kill boat occupants no longer able to fight “would in essence be an order to show no quarter, which would be a war crime,” Todd Huntley, a former military lawyer who advised Special Operations, told the Post.
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The Trump administration is using the military to target people suspected of breaking criminal laws against drug trafficking. It’s choosing to kill these suspected criminals when they pose to immediate threat to anyone, instead of simply arresting them.”