“the goal of disrupting and deterring drug smuggling would not justify a policy of summarily executing criminal suspects without statutory authorization or any semblance of due process. That is why Trump is trying to justify his bloodthirsty anti-drug strategy by calling his targets “combatants” in a “non-international armed conflict”—a term he has stretched beyond recognition.
Congress has not recognized that purported “armed conflict,” and it is a counterintuitive label for the unilateral violence exemplified by the September 2 attack. The boat that Bradley destroyed, which reportedly “turned around before the attack started because the people onboard had apparently spotted a military aircraft stalking it,” was not engaged in any sort of attack on American targets and offered no resistance. The same was true of the vessels destroyed in subsequent attacks on suspected drug boats
…
The violence in such attacks is so one-sided that the government’s lawyers claim blowing up drug boats does not constitute “hostilities” under the War Powers Resolution because U.S. personnel face no plausible risk of casualties. So we are talking about an “armed conflict” that does not involve “hostilities” yet somehow does involve enemy “combatants.”
Unless you accept that baffling premise, the attempt to justify Bradley’s second strike under the law of war is incomprehensible. “Two U.S. officials have said the military intercepted radio communications from the survivors to suspected cartel members, raising the possibility that any drugs on the boat that had not burned up in the first blast could have been retrieved,” The New York Times reports. “The military, they said, interpreted the purported distress call as meaning the survivors were still ‘in the fight’ and so were not shipwrecked.”
In reality, of course, those men were not “in the fight” to begin with, because there was no “fight.” A unilateral act of aggression by U.S. forces hardly amounts to a battle, and it is hard to see how a radio call for help qualifies as the sort of “hostile act” that the Defense Department’s manual says excludes someone from “shipwrecked” status. To illustrate that exception, the manual notes that “shipwrecked persons do not include combatant personnel engaged in amphibious, underwater, or airborne attacks who are proceeding ashore.””
If reports are true, the Secretary of Defense broke the laws of war according to U.S. law by ordering killed, people in the water whose vessels had already been destroyed.
Also, because this war has not been authorized by Congress and criminal suspects are entitled to due process, not killed on suspicion, even those killed on the boat were murdered.
“In dozens of interviews in villages on Venezuela’s breathtaking northeastern coast, from which some of the boats departed, residents and relatives said the dead men had indeed been running drugs but were not narco-terrorists or leaders of a cartel or gang.
Most of the nine men were crewing such craft for the first or second time, making at least $500 per trip, residents and relatives said. They were laborers, a fisherman, a motorcycle taxi driver. Two were low-level career criminals. One was a well-known local crime boss who contracted out his smuggling services to traffickers.
The men lived on the Paria Peninsula, in mostly unpainted cinderblock homes that can go weeks without water service and regularly lose power for several hours a day. They awoke to panoramic views of a national park’s tropical forests, the Gulf of Paria’s shallows and the Caribbean’s sparkling sapphire waters. When the time came for their drug runs, they boarded open-hulled fishing skiffs that relied on powerful outboard motors to haul their drugs to nearby Trinidad and other islands.
The residents and relatives interviewed by the AP requested anonymity out of fear of reprisals from drug smugglers, the Venezuelan government or the Trump administration. They said they were incensed that the men were killed without due process. In the past, their boats would have been interdicted by the U.S. authorities and the crewmen charged with federal crimes, affording them a day in court.
…
The Trump administration has justified the strikes by declaring drug cartels to be “ unlawful combatants ” and said the U.S. is now in an “armed conflict” with them. Trump has said each sunken boat has saved 25,000 American lives, presumably from overdoses. The boats, however, appear to have been transporting cocaine, not the far more deadly synthetic opioids that kill tens of thousands of Americans each year.
Sean Parnell, the Pentagon’s chief spokesman, said in a statement to the AP that the Defense Department has “consistently said that our intelligence did indeed confirm that the individuals involved in these drug operations were narco-terrorists, and we stand by that assessment.”
So far, the U.S. military has blown up 17 vessels, killing more than 60 people.
…
After seeing clips on social media that mentioned his death, relatives broke the news to his mother, but not until after ensuring she had taken her blood pressure medication. Sánchez’s youngest son, a third grader, could not accept for days that his father was gone. He kept asking adults if his father could have survived the explosion, noting he might still be at sea.
“As of this writing, the U.S. military has killed at least 61 people.
…
According to Philippe Sands, who frequently argues before international tribunals, the administration’s actions are “contrary to the basic precepts of international law.” The question, of course, is what that means as a practical matter and whether foreign governments — including the countries whose citizens have been killed in the attacks — might try to do anything about it.”
Multiple high level military men have stepped down as the Trump administration appears to murder suspected drug traffickers. The administration showed their intel justifying the strikes only to some Republican Congressmen rather than to members of both parties, so Congress as a whole can’t even analyze the justifications.
“A few scenarios are possible. One is that the U.S. really is striking narcotraffickers, and that either their families don’t know their dead relatives are narcotraffickers or are obfuscating. Another possibility is that the U.S. is striking innocent fisherman and calling them narcotraffickers. There could, of course, be a mix of smugglers and fishermen.
But the U.S. government is almost definitely acting illegally here. These people are not combatants. We don’t know if they’re affiliated with groups designated terrorist organizations. Congress has not approved these strikes, and Trump doesn’t even appear to be seeking retroactive approval. When some senators did try to check Trump via the War Powers Act, it didn’t go all that well. And rest assured that Petro, Maduro, and all other who stand to profit are going to keep milking this for all it’s worth, using Trump’s inevitable screw-ups as a means of distracting from their own misbehavior.”
“Colombian President Gustavo Petro says one of the “narcoterrorists” recently killed by U.S. military strikes on boats in the Caribbean was a “fisherman” who had “no ties to the drug trade.” That man’s death, one of at least 32 ordered by President Donald Trump, therefore qualified as “murder,” Petro declared on Saturday.
That much would be true even if the dead man, whom Petro identified as a Colombian citizen named Alejandro Carranza, really was smuggling drugs. Trump’s new policy of summarily executing drug suspects simultaneously corrupts the mission of the armed forces, erasing the traditional distinction between civilians and combatants, and violates long-standing principles of criminal justice, imposing the death penalty without statutory authorization or any semblance of due process.
On September 15, U.S. forces blew up a boat that Trump said was “in International Waters transporting illegal narcotics,” killing three men he described as “confirmed narcoterrorists from Venezuela.” But according to Petro, the attack that killed Carranza happened in Colombian waters, and the target was a “Colombian boat” that “was adrift and had its distress signal up due to an engine failure.”
Trump reacted angrily to that charge on Sunday, calling Petro “an illegal drug leader” who is “strongly encouraging the massive production of drugs…all over Colombia.” He said the U.S. government would punish Petro by ending all “payments and subsidies” to his country.
Notably, Trump did not actually contradict Petro’s claim that Carranza had been erroneously identified as a Venezuelan “narcoterrorist.” And Trump has repeatedly acknowledged that his bloodthirsty anti-drug strategy could threaten innocent fishermen.
After the first strike on an alleged drug boat in early September, Trump joked about the potential for lethal mistakes: “I think anybody that saw that is going to say, ‘I’ll take a pass.’ I don’t even know about fishermen. They may say, ‘I’m not getting on the boat. I’m not going to take a chance.'”
…
Trump claims drug traffickers are “murdering” Americans because some of their customers—about 82,000 last year—die after consuming their products. By the same logic, alcohol producers and distributors, who supply a product implicated in an estimated 178,000 deaths a year in the United States, likewise are guilty of murder.
…
The Trump administration also argues that the U.S. government is engaged in an “armed conflict” with drug cartels, which makes the boat strikes consistent with the law of war. That claim, Cardozo Law School professor Gabor Rona says, is “utterly without precedent in international law.”
Geoffrey Corn, formerly the U.S. Army’s senior adviser on the law of war, agrees. “This is not stretching the envelope,” he told The New York Times. “This is shredding it.”
Trump, in short, is killing people without a legal justification. There is a word for that.”
“Somewhere off the coast of Venezuela, a speedboat with 11 people on board is blown to smithereens. Vice President J.D. Vance announces that “killing cartel members who poison our fellow citizens is the highest and best use of our military.”
When challenged that killing citizens without due process is a war crime, the vice president responded that he “didn’t give a shit.”
…
But over 20,000 people are murdered in the U.S. each year, and yet somehow we find a way to a dispassionate dispensation of justice that includes legal representation for the accused and jury trial.
Why? Because sometimes the accused is actually not guilty.
As passions subside, a civilized people should ask: To be clear, the people bombed to smithereens were guilty, right?
…
The administration has maintained that the people blown to smithereens were members of Tren de Aragua and therefore narcoterrorists.
Certainly, then, if we know they belong to a particular gang, then someone must surely have known their names before they were blown to smithereens?
At the very least, the government should explain how the gang came to be labelled as terrorists. U.S. law defines a terrorist as someone who uses “premeditated, politically motivated violence…against non-combatants.” Since the U.S. policy is now to blow people to smithereens if they are suspected of being in a terrorist gang, then maybe someone could take the time to explain the evidence of their terrorism?
…
Few independent legal scholars argue the strikes are legal. Even John Yoo—a former deputy assistant attorney general under President George W. Bush, who infamously authored the Bush administration’s legal justification for “enhanced interrogation techniques”—has criticized the Trump administration’s justification for the strikes, saying: “There has to be a line between crime and war. We can’t just consider anything that harms the country to be a matter for the military. Because that could potentially include every crime.””