The Trump administration is issuing legal cover for military personnel involved in lethal attacks on suspected drug smugglers, labeling the victims as "narco-terrorists". A secret memo from the Justice Department's Office of Legal Counsel, known as the OLC memo, justifies these killings under a dubious theory claiming that narcotics generated revenue for cartels deemed an armed threat by the Trump administration.
The memo asserts that the U.S. is coming to the defense of Latin American countries under what is called the "revenue generating target theory", which holds that the civilians on the boats are considered collateral damage and their deaths excused through a proportionality analysis tied to military advantage gained from the attack.
Critics argue that this legal theory differs from President Trump's public statements, and the OLC memo appears to have been fashioned to suit a pre-existing White House decision. Experts say the strikes are unlawful extrajudicial killings because they deliberately target civilians even if suspected of being involved in organized crime.
The US military has carried out 20 known attacks, killing at least 80 people, mostly by destroying boats in the Caribbean Sea and eastern Pacific Ocean. The most recent attack killed four people on a vessel in the Caribbean on Monday. However, experts note that there is no guarantee of immunity for military personnel involved, despite claims made in the memo.
In contrast to previous US military actions against true belligerents, such as the Taliban in Afghanistan, these strikes target alleged drug smugglers without evidence of armed conflict or organized hostilities with the U.S. The OLC memo also relies on a disputed theory that customary international law does not bind the executive branch under the Constitution, citing a secret January 2002 memo from the George W. Bush administration that authorized torture despite international law.
Critics point out that while top officials may escape punishment for atrocities, not all those in power are immune to consequences. Trump's attacks on democracy and press freedom have drawn widespread criticism, with some outlets covering his actions as "politics as usual" rather than authoritarianism.
The memo asserts that the U.S. is coming to the defense of Latin American countries under what is called the "revenue generating target theory", which holds that the civilians on the boats are considered collateral damage and their deaths excused through a proportionality analysis tied to military advantage gained from the attack.
Critics argue that this legal theory differs from President Trump's public statements, and the OLC memo appears to have been fashioned to suit a pre-existing White House decision. Experts say the strikes are unlawful extrajudicial killings because they deliberately target civilians even if suspected of being involved in organized crime.
The US military has carried out 20 known attacks, killing at least 80 people, mostly by destroying boats in the Caribbean Sea and eastern Pacific Ocean. The most recent attack killed four people on a vessel in the Caribbean on Monday. However, experts note that there is no guarantee of immunity for military personnel involved, despite claims made in the memo.
In contrast to previous US military actions against true belligerents, such as the Taliban in Afghanistan, these strikes target alleged drug smugglers without evidence of armed conflict or organized hostilities with the U.S. The OLC memo also relies on a disputed theory that customary international law does not bind the executive branch under the Constitution, citing a secret January 2002 memo from the George W. Bush administration that authorized torture despite international law.
Critics point out that while top officials may escape punishment for atrocities, not all those in power are immune to consequences. Trump's attacks on democracy and press freedom have drawn widespread criticism, with some outlets covering his actions as "politics as usual" rather than authoritarianism.