Weaponizing the Law: Trump Declares ‘War’ on Cartels to Justify Lethal Military Strikes

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Weaponizing the Law: Trump Declares ‘War’ on Cartels to Justify Lethal Military Strikes

Trump Declares US at “War” with Drug Cartels to Justify Lethal Military Strikes

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President Donald Trump has determined that the United States is engaged in a “non-international armed conflict” with drug cartels, according to a document sent to Congress outlining the legal justification for deadly U.S. strikes on boats off Venezuela.

The administration’s core argument, as detailed in the document, is that the cartels are “non-state armed groups” whose actions “constitute an armed attack against the United States.” By officially designating them as “designated terrorist organizations” and declaring an armed conflict, the administration asserts it has the legal authority, under the law of armed conflict, to use lethal military force.

Key Points of the Declaration and Action:

  • Strikes and Casualties: The U.S. military has recently destroyed at least three suspected drug vessels, resulting in the deaths of a minimum of 17 people, whom the document labels “unlawful combatants.”
  • Military Directive: President Trump directed the Defense Department (referred to as the “Department of War” in the document) to conduct these military operations.
  • Administration’s Defense: The White House maintains the strikes are a necessary, tough measure to curb the flow of drugs, with Trump stating the seized narcotics could have killed thousands of Americans.
  • Future Action: The President indicated he is considering expanding attacks against cartels “coming by land” in Venezuela.

Legal Controversy and Criticism

Legal experts and lawmakers are strongly questioning this new legal basis for military action. Critics argue that classifying drug trafficking as a “non-international armed conflict” is an extraordinary assertion of presidential power that is not supported by the law of war.

  • Jurisdiction Debate: Many question why the U.S. military is carrying out lethal strikes instead of the Coast Guard, which is the primary maritime law enforcement agency, and why the government is resorting to deadly force without attempting to apprehend the suspects first.
  • Lawmaker Alarm: Senator Jack Reed, the top Democrat on the Armed Services Committee, stated the administration has provided “no credible legal justification” and warned, “Every American should be alarmed that their president has decided he can wage secret wars against anyone he calls an enemy.”
  • Legal Scrutiny: As former Navy lawyer Mark Nevitt stated, “Applying a new label to an old problem does not transform the problem itself – nor does it grant the US president or the US military expanded legal authority to kill civilians.”

The legal document, while providing a justification for past actions, is now being scrutinized for what it may authorize in future military operations against cartels.

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