The attacks on Venezuelan boats have been described by many legal and military experts, as well as some U.S. lawmakers, as potential war crimes or extrajudicial killings under international law. The consensus is that targeting survivors who are "shipwrecked" or "out of the fight" is a violation of the laws of war, regardless of their alleged status as "narco-terrorists".
Key points regarding the legal debate:
Targeting the incapacitated: The core of the war crime accusation stems from reports that after an initial U.S. strike in September 2025, a second strike was ordered to kill two survivors who were clinging to the wreckage of their boat. The Department of Defense's own Law of War Manual states that shipwrecked or incapacitated persons may not be knowingly attacked.
Absence of formal war: Many experts argue that because the U.S. is not in a formally declared "armed conflict" with the specific individuals or groups targeted (such as the Tren de Aragua gang), the killings may not technically qualify as "war crimes" but rather as extrajudicial killings or murder under international human rights law and U.S. domestic law.
"No quarter" order: If Defense Secretary Pete Hegseth indeed gave an order to "kill everybody" or "take no prisoners" – an accusation he has denied – that itself would constitute a war crime, as it is an order to show "no quarter".
Congressional scrutiny: Both Republican and Democratic lawmakers in the U.S. Congress have expressed serious concern and pledged to conduct "vigorous oversight" and investigations into the legality of the strikes and the command decisions made.
UN response: A UN human rights expert has stated that the U.S. boat strikes, which have reportedly killed dozens of people, constitute "some of the most serious violations of international law".
In summary, while the initial strike's legality is debated, experts are largely in agreement that a deliberate, follow-up attack to kill helpless survivors is a profound violation of international law.
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