Jack Goldsmith, former head of the Office of Legal Counsel, writes:

[T]here can be no conceivable legal justification for what the Washington Post reported earlier today: That U.S. Special Operations Forces killed the survivors of a first strike on a drug boat off the coast of Trinidad who, in the Post’s words, “were clinging to the smoldering wreck.”

Section 5.4.7 of the DOD Law of War Manual says:

Prohibition Against Declaring That No Quarter Be Given. It is forbidden to declare that no quarter will be given. This means that it is prohibited to order that legitimate offers of surrender will be refused or that detainees, such as unprivileged belligerents, will be summarily executed. Moreover, it is also prohibited to conduct hostilities on the basis that there shall be no survivors, or to threaten the adversary with the denial of quarter. This rule is based on both humanitarian and military considerations. This rule also applies during non-international armed conflict.

This is an old principle of the laws of war. The Hague Regulations of 1907 state that “it is especially forbidden . . . [t]o declare that no quarter will be given.” The 1863 Lieber Code—the famous U.S. government rules governing military conduct during the Civil War—provides: “Whoever intentionally inflicts additional wounds on an enemy already wholly disabled, or kills such an enemy, or who orders or encourages soldiers to do so, shall suffer death, if duly convicted, whether he belongs to the Army of the United States, or is an enemy captured after having committed his misdeed.” And the currently governing DOD Manual in Section 5.9 states clearly that persons “placed hors de combat may not be made the object of attack.” The Manual defines “hors de combat” to include “persons . . . otherwise incapacitated by . . . shipwreck.”

In short, if the Post’s facts are correct, it appears that Special Operations Forces committed murder when the “two men were blown apart in the water,” as the Post put it. [Continue reading…]

The Guardian reports:

The US defense secretary, Pete Hegseth, has declared recent reporting that he may have illegally ordered all people to be killed in a military strike in the Caribbean as “fake news” on Friday evening, adding that the series of strikes of people on boats have been “lawful under both US and international law”.

Hegseth lambasted reports about his role in the strike as “fabricated, inflammatory and derogatory reporting to discredit our incredible warriors fighting to protect the homeland”.

The remarks came after a Washington Post report this week alleged that Hegseth ordered defense officials to “kill everybody” traveling on a boat that was being surveilled by analysts on 2 September, the first strike of many carried out in recent months by the Trump administration. The White House said – without proof – that the people in the boats in the Caribbean, killed in Pentagon operations, were drug smugglers.

Following the Washington Post’s reporting, two senators – Republican Roger Wicker and Democrat Jack Reed – released a statement saying the Senate armed services committee will be investigating the boat strikes.

“The Committee is aware of recent news reports – and the Department of Defense’s initial response – regarding alleged follow-on strikes on suspected narcotics vessels in the SOUTHCOM area of responsibility,” the senators wrote in a joint statement.

“The Committee has directed inquires to the Department, and we will be conducting vigorous oversight to determine the facts related to the circumstances.” [Continue reading…]