UN human rights experts raised concern [7] on Nov. 4 over "repeated and systematic lethal attacks" by the US military against vessels in the Caribbean and Eastern Pacific, which they said could constitute war crimes under international maritime law.
Three UN special rapporteurs stated that the attacks "appear to be unlawful killings" that lack "judicial or legal process allowing due process of law." They said that no efforts were made to "apprehend the individuals or provide concrete evidence about why they were lawful targets." They further charged that the strikes were not motivated by "national self-defence," and did not target "individuals posing an imminent threat to life." The experts said that they had raised these concerns directly [8] with the US government, calling for an immediate halt to the strikes, and an investigation.
The 15 strikes in question took place in international waters from Sept. 2 onward, targeting vessels suspected of trafficking narcotics. There have reportedly been 64 fatalities and three survivors. Secretary of Defense Pete Hegseth stated [10] in a letter written after the first strike that it was a response to "[e]xtraordinarily violent drug trafficking cartels…designated as terrorist organizations," which threaten US citizens as well as "national security and foreign policy interests." He justified the strikes as self-defense, stating that countries in the region are unable or unwilling "to address the continuing threat." Secretary Hegseth further said [11] in an X (Twitter) post from October 28: "These narco-terrorists have killed more Americans than Al-Qaeda, and they will be treated the same. We will track them, we will network them, and then, we will hunt and kill them."
The UN Convention on the Law of the Sea [12] (UNCLOS) does not explicitly prohibit strikes in international waters, but establishes "freedom of the high seas," and their use "for peaceful purposes" (articles 87-88.) UNCLOS has not been ratified [13] by the US, but it has been its policy [14] to "act in a manner consistent with its provisions." Article 51 [15] of the UN Charter, to which the US is a party, justifies self-defense in the event of an "armed attack," as long as the response [16] is necessary and proportionate in accordance with customary law.
President Donald Trump has described [17] the strikes as part of an "armed conflict" with cartels, which would make cartel members enemy combatants rather than criminals, though this classification has been questioned by legal experts. There is moreover doubt as to whether the President can legally authorize the strikes without congressional approval.
From JURIST [18], Nov. 5. Used with permission.
Note: On the same day this statement was released, Hegseth announced a 16th strike, on a vessel in the Pacific. (AP [19]) Amid the ongoing air-strikes [20], the US has moved an aircraft carrier group [21] to the Caribbean Sea.
