Topline
President Donald Trump has labeled drug cartels operating in the Caribbean as “unlawful combatants” and said the U.S. is engaged in an “armed conflict,” multiple outlets reported Thursday, following recent strikes targeting alleged drug smuggling boats in the region.
The U.S. military has carried out multiple strikes targeting alleged drug smuggling boats in the region in recent weeks.
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Key Facts
The Trump administration said in a confidential notice the U.S. was engaged in a “non-international armed conflict” against the drug cartels, the Associated Press and New York Times reported, citing a person familiar with the matter and a copy of the notice, respectively.
The notice indicates Trump has “determined” cartels smuggling drugs are “nonstate armed groups” whose actions “constitute an armed attack against the United States,” the Times reported, though Defense Department officials could not provide a list of the groups at the center of the conflict, according to the Associated Press.
Last month, the U.S. military carried out at least three deadly strikes targeting boats accused of carrying drugs into the U.S., two of which were believed to originate from Venezuela, while Trump claimed the vessels were “committing violence and terrorism against Americans.”
The White House did not immediately respond to a request for comment from Forbes.
What Is A Non-International Armed Conflict?
International law defines non-international armed conflict as a war between a nation and one or more non-state actors. It’s not immediately clear whether the drug cartels would meet the standard of being an organized armed group, however, as legal experts disputed the legality of the boat strikes. John Yoo, a former deputy assistant attorney general under former President George W. Bush, told Politico the U.S. “can’t just consider anything that harms the country to be a matter for the military,” arguing the Trump administration “needs to make a stronger case” about why the cartels should be considered enemies of war. Geoffrey Corn, a former adviser for the Army and retired judge advocate general lawyer, in a statement to the Times called Trump’s move to target suspected criminals an “abuse” of the law.
Key Background
Trump designating the drug cartels as “unlawful combatants” marks an escalation in the Trump administration’s efforts to block the flow of narcotics. Earlier this year, Trump designated numerous criminal groups, including several Mexican cartels, the MS-13 gang, the Venezuelan gang Tren de Aragua and the Venezuelan cartel Cartel de los Soles, as terrorist organizations. Trump announced last month a third airstrike carried out by the U.S. on a vessel in international waters he alleged carried drugs, claiming the targets were “conducting narcotrafficking,” though it’s unclear when the strike took place. The first of the strikes was conducted in early September and sparked condemnation among some Republicans, including Sen. Rand Paul, R-Ky., who criticized Vice President JD Vance’s defense of the attack, asking whether Vance “[wondered] what might happen if the accused were immediately executed without trial or representation?” Vance wrote, “Killing cartel members who poison our fellow citizens is the highest and best use of our military.”
Further Reading
Former GOP Officials Fear U.S. Strikes On Alleged Drug Smugglers Aren’t Legal (Politico)