US officials have reported conducting strikes on boats in the Caribbean Sea, resulting in the deaths of several drug traffickers. President Donald Trump announced the first strike in September, stating it targeted a vessel departing from Venezuela and operated by the Tren de Aragua cartel, allegedly carrying drugs destined for the United States. Subsequent announcements have been accompanied by limited evidence, and the legality of these actions is being scrutinized. While US officials claim self-defense, critics in the region, including the Colombian president, have raised concerns, with one instance alleging the targeted boat was Colombian, not Venezuelan, with Colombian citizens aboard.
International law experts consulted by BBC Verify have suggested that the US strikes might be unlawful under the Law of the Sea. While the US is not a signatory to the UN Convention on the Law of the Sea, its military legal advisors generally adhere to its provisions, which restrict interference in international waters. Exceptions, such as “hot pursuit,” exist, but the use of force must be reasonable and necessary, typically involving non-lethal measures unless there’s an immediate threat to life. Experts argue that labeling individuals as “narco-terrorists” does not automatically render them lawful military targets, especially when the US is not in an armed conflict with the involved parties.
Further questions have arisen regarding the domestic legality of these strikes. While the US Constitution grants the president authority as Commander-in-Chief, the use of force against non-state actors like drug cartels, particularly without explicit congressional authorization under the War Powers Resolution or the 2001 Authorization for Use of Military Force (AUMF), is a contentious issue. Some experts suggest that the administration might be leveraging the AUMF’s broad interpretation, but its application to drug cartels remains unclear.
The Venezuelan government has strongly condemned the strikes, with President Nicolas Maduro denying US accusations of his involvement in drug trafficking. These actions occur amidst reports of increased US naval presence in the region for anti-narcotics operations. The US has also offered a significant reward for information leading to Maduro’s arrest, highlighting the ongoing tensions between the two nations.
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