According to US media, President Donald Trump has informed Congress that his administration has determined that members of drug cartels are “unlawful combatants” with which the United States is engaged in “non-international armed conflict.”
The US military struck three alleged drug smuggling boats in the Caribbean last month, killing 17 people, according to the memo, which was released on Thursday by The Associated Press and The New York Times. According to rights experts and scholars from other world powers, the attacks appear to be unlawful under US and international law, and they are comparable to extrajudicial killings.
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The administration’s strategy for justifying such attacks and what its strategy might entail are presented in the memo, which is the administration’s most explicit picture yet.
The memo stated that “despite friendly foreign countries making significant efforts to combat these organizations and suffering significant losses of life,” that these organizations are now transnational and carry out attacks throughout the Western Hemisphere as organized cartels.
The President, therefore, determined that these cartels are not state-armed organizations, designated them as terrorist organizations, and declared that their conduct amounts to an armed assault on the US, according to the statement.
The argument expands on the Trump administration’s portrayal of cartels as “narco-terrorists” who aim to destabilize the US by promoting illegal drugs across its borders rather than profit-driven criminal organizations.
Although the Trump administration has labeled a number of Latin American cartels “foreign terrorist organizations,” and has specifically focused on Venezuela’s Tren de Aragua, the memo did not specify the organizations in question.
Only Congress has the authority to declare war or use of force under the US Constitution; however, presidents may unilaterally act in some circumstances, particularly in matters involving the nation’s immediate self-defense.
There is currently no congressional authorization to use military force that would even apply to the Caribbean strikes.
Due to this, Congress members have been under more pressure to assert Trump’s legislative branch’s war powers. The attacks have been welcomed by a number of Republicans in Trump’s party, which controls both the Senate and House of Representatives.
Other lawmakers have warned against allowing Trump’s actions to go unchecked.
Senator Jack Reed, the top Democrat on the Senate Armed Services Committee, wrote in a post on X following Thursday’s reports on Trump’s memo, “Every American should be alarmed that Pres Trump has decided to wage secret wars against anyone he labels an enemy.”
“Drug cartels must be stopped, but it is unacceptable to declare war and amp; to impose lethal military force without the consent of Congress or the general public,” he wrote.
There is “so much wrong” with the Trump administration’s legal justification for the Caribbean strikes, according to Brian Finucane, a senior adviser at the International Crisis Group and former US Department of State attorney.
He cited the claim that Trump “determined” that the US was an “armed attack” on drug smugglers, which supports the administration’s claim that the strikes did not lead to an unlawful conflict.