“Eight days after the September 2 operation that inaugurated President Donald Trump’s lethal military campaign against suspected drug boats, The Intercept reported that people who survived the initial missile strike were “killed shortly after in a follow-up attack.” On Friday, The Washington Post confirmed that account, saying the commander overseeing the operation, based on an oral directive from Defense Secretary Pete Hegseth to “kill everybody,” ordered a second strike on “two survivors” who “were clinging to the smoldering wreck.”
If that report is accurate, Reason’s Christian Britschgi notes, “the second strike on helpless survivors would add a degree of barbarism to the administration’s anti-drug campaign.” It also would further complicate the arguments that Trump has deployed to justify his unprecedented policy of summarily executing suspected drug smugglers, which so far has involved 21 attacks that killed 83 people in the Caribbean and the eastern Pacific. Even if you accept Trump’s dubious claim that the United States is engaged in a “non-international armed conflict” with “narcoterrorists,” which supposedly means U.S. forces can legally attack vessels believed to be carrying illegal drugs, deliberately killing survivors would be contrary to the law of war.
“Both the giving and the execution of these orders” would “constitute war crimes, murder, or both,” the Former JAGs Working Group, which consists of lawyers who previously served in the military, said on Saturday. “If the U.S. military operation to interdict and destroy suspected narcotrafficking vessels is a ‘non-international armed conflict’ as the Trump Administration suggests, orders to ‘kill everybody,’ which can reasonably be regarded as an order to give ‘no quarter,’ and to ‘double-tap’ a target in order to kill survivors, are clearly illegal under international law. In short, they are war crimes.”
The former military lawyers add that the situation is even graver “if the U.S. military operation is not an armed conflict of any kind.” In that case, they say, “these orders to kill helpless civilians clinging to the wreckage of a vessel our military destroyed would subject everyone from [the secretary of defense] down to the individual who pulled the trigger to prosecution under U.S. law for murder.””
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.
“President Donald Trump has sought to justify the summary execution of suspected drug smugglers by arguing that the United States is engaged in an “armed conflict” with criminal organizations that supply prohibited intoxicants. Yet the Trump administration also insists that U.S. forces are not engaging in “hostilities” when they blow up boats believed to be carrying illegal drugs.
Those positions are consistent with Trump’s disregard for legal limits on his use of the military to prosecute a literalized war on drugs. But they are otherwise hard to reconcile with each other, and their implications underline the immorality and lawlessness of his bloodthirsty antidrug tactics.”
“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.
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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.
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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.
“Trump conflates cocaine, which is produced mainly in Colombia and is often transported by sea, with fentanyl, which is produced in Mexico and overwhelmingly enters the United States in small packages by land over the southern border. According to data from the Centers for Disease Control and Prevention (CDC), fentanyl accounts for nearly 70 percent of drug-related deaths in the United States.
The National Center for Drug Abuse Statistics says two milligrams of fentanyl is a potentially lethal dose. Trump therefore seems to be assuming that each of the boats destroyed on his orders was carrying 50 grams of fentanyl. That is pretty large for a fentanyl shipment: Between 2018 and 2023, according to a recent study, most fentanyl powder seizures weighed less than 40 grams. Even so, 50 grams (less than two ounces) is not large enough that you would see “fentanyl all over the ocean” after blowing up a boat carrying it, which underlines the point that Trump’s fentanyl is imaginary.
Even if we join Trump in pretending that cocaine is fentanyl, his claim relies on two other fallacious assumptions. If those 50 grams of fanciful fentanyl had not been intercepted, he implicitly posits, they would have been delivered to 25,000 different American consumers, each of whom would have consumed his share in a single sitting, with fatal results. Trump also imagines, contrary to more than a century of experience with drug interdiction, that traffickers do not compensate for intercepted shipments by sending more. When drugs are seized or destroyed, he seems to think, the total supply available to Americans is reduced by that amount. If that were true, it would be hard to understand why Trump says drug interdiction is “totally ineffective.”
Leaving aside these inconvenient details, Trump’s account of what he is accomplishing by ordering the deaths of suspected smugglers, like Bondi’s estimate of lives saved by less lethal anti-drug efforts that Trump now concedes were “totally ineffective,” is impossible on its face. Last year, the CDC estimates, illegal drug use resulted in about 82,000 U.S. “overdose deaths.” By Trump’s account, he has somehow prevented more than four times as many drug-related fatalities by destroying a tiny portion of the total supply.
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Trump is trying to justify murder as self-defense, obscuring the immorality and lawlessness of his bloodthirsty anti-drug tactics. Trump’s unprecedented policy of killing suspected drug smugglers instead of arresting them—which has already become the new normal—simultaneously corrupts the mission of the armed forces, erasing the traditional distinction between civilians and combatants, and undermines long-standing principles of criminal justice, imposing the death penalty without statutory authorization or any semblance of due process. But he hopes his extravagant claims about hypothetical deaths prevented by intercepting imaginary fentanyl will distract the public from the actual deaths he is ordering.”
“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.'”
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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.
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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.”
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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?
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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?
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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.””
The Navy said they didn’t want any more littoral combat ships because they sucked, but Congress spent a bunch more money building more of them due to district politics.