“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
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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.””
“While the renewed congressional interest in the legal and moral justification for Trump’s bloodthirsty anti-drug strategy is welcome, that inquiry should not be limited to the question of whether one particular attack violated the law of war.
The details of Bradley’s defense nevertheless illustrate the outrageous implications of conflating drug smuggling with violent aggression. He argues that the seemingly helpless men in the water, who were blown apart by a second missile while clinging to the boat’s smoldering wreckage, still posed a threat because they could have recovered and delivered whatever cocaine might have remained after the first strike.
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In reality, there was no “fight” to stay in. The violence exemplified by this attack 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”—who, contrary to that label, are not actually engaged in combat.
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Bradley seems to have determined that the flailing men were engaged in a “hostile act” simply by existing near a boat remnant that might have contained salvageable cocaine. As ridiculous as that position is, it is only a bit more risible than Trump’s assertion that supplying cocaine to Americans amounts to “an armed attack against the United States” that justifies a lethal military response.
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“There is a risk that the focus on the second strike and specifically the talk of ‘war crimes’ feeds into the administration’s false wartime framing and veils the fact that the entire boat-strikes campaign is murder, full stop,” Cardozo School of Law professor Rebecca Ingber, an expert on the law of war, told The New York Times. “The administration’s evolving justification for the second strike only lays bare the absurdity of their legal claims for the campaign as a whole—that transporting drugs is somehow the equivalent of wartime hostilities.””
“calling a drug smuggler a combatant does not make him a combatant. That reality goes to the heart of the morally and legally bankrupt justification for President Donald Trump’s bloodthirsty anti-drug campaign in the Caribbean and the eastern Pacific, which began on September 2 and so far has killed 87 people in 22 attacks.
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Trump conflates drug smuggling with violent aggression, saying it amounts to “an armed attack against the United States” that requires a lethal military response. According to that counterintuitive theory, suspected cocaine smugglers are “combatants” who can be killed at will, and their vessels pose a “threat” to national security that can be neutralized only by completely destroying them.
In reality, Americans want cocaine, and criminal organizations are happy to supply it. The government does not approve of that trade, which it has long sought to suppress by interdicting cocaine and arresting smugglers.”
“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.”
“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.””
“Both countries have been happy to cooperate with Washington against drug trafficking, but think that the decision to kill the suspected smugglers at sea is a step too far.
At least one of the people killed in the boat bombings was a Colombian citizen. “He may have been carrying fish, or he may have been carrying cocaine, but he had not been sentenced to death,” Petro said in a speech on Sunday, according to the Associated Press. “There was no need to murder him.” After Petro criticized the U.S. military campaign last month, the U.S. Treasury accused Petro of being complicit in drug smuggling and imposed financial sanctions on him, his wife, and his son.
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Another neighboring country whose citizens were killed, Trinidad and Tobago, has been more supportive of the campaign. “I have no sympathy for traffickers; the US military should kill them all violently,” Prime Minister Kamla Persad-Bissessar said in a September 2025 statement.
The Trump administration has acknowledged that it is choosing to kill suspects that it could have arrested otherwise. “Instead of interdicting [the boat], on the president’s orders, we blew it up,” Secretary of State Marco Rubio told reporters after the first boat strike in September 2025. He argued that arresting traffickers and seizing their cargo “doesn’t work” because cartels plan for those losses anyway. Administration lawyers argue that drug cartels are wartime enemies, so they can be killed rather than arrested, while also denying that the president is limited by constitutional war powers in this campaign.”
“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.”
“Despite Trump promising to stand “with the good people of Cuba and Venezuela,” his administration has fast-tracked deportations for victims of communism.”