Trump ‘determined’ the US is now in a war with drug cartels, Congress is told
WASHINGTON — President Donald Trump has decided that the United States is engaged in a formal “armed conflict” with drug cartels his team has labeled terrorist organizations and that suspected smugglers for such groups are “unlawful combatants,” the administration said in a confidential notice to Congress this week.
The notice was sent to several congressional committees and obtained by The New York Times. It adds new detail to the administration’s thinly articulated legal rationale for why three U.S. military strikes the president ordered on boats in the Caribbean Sea last month, killing all 17 people aboard them, should be seen as lawful rather than murder.
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Trump’s move to formally deem his campaign against drug cartels as an active armed conflict means he is cementing his claim to extraordinary wartime powers, legal specialists said. In an armed conflict, as defined by international law, a country can lawfully kill enemy fighters even when they pose no threat, detain them indefinitely without trials and prosecute them in military courts.
Geoffrey Corn, a retired judge advocate general lawyer who was formerly the Army’s senior adviser for law-of-war issues, said drug cartels were not engaged in “hostilities” — the standard for when there is an armed conflict for legal purposes — against the United States because selling a dangerous product is different from an armed attack.
Noting it is illegal for the military to deliberately target civilians who are not directly participating in hostilities, Corn called the president’s move an “abuse” that crossed a major legal line.
“This is not stretching the envelope,” he said. “This is shredding it. This is tearing it apart.”
Anna Kelly, a White House spokesperson, said in an email that “the president acted in line with the law of armed conflict to protect our country from those trying to bring deadly poison to our shores, and he is delivering on his promise to take on the cartels and eliminate these national security threats from murdering more Americans.”
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