Second strike kills survivor: Does the U.S. military’s operation against Venezuelan drug traffickers constitute a war crime?

(Deutsche Welle) U.S. Navy Admiral Frank Bradley is expected to provide a classified briefing to members of Congress responsible for overseeing national security on Thursday (December 4).

This briefing comes at a critical time: the legitimacy of the U.S. military operation against suspected drug traffickers in international waters near Venezuela is being questioned.

what happened?

The White House said Defense Secretary Hergész ordered the sinking of a vessel with 11 people on board in the Caribbean on September 2. This was the first in a series of military operations against suspected drug traffickers off the coast of Venezuela .

The Washington Post recently reported that the commander overseeing the operation ordered a second strike in compliance with Hegses's order to "kill everyone," resulting in the deaths of two survivors who were clinging to the damaged vessel. The White House has denied this report.

Nevertheless, the facts surrounding this military operation remain unclear.

Hegses said he watched the video of the first strike remotely in real time but did not see any survivors in the water before heading to another meeting. Hours later, he said he learned that Admiral Bradley had ordered a second strike.

US President Trump said he did not want a second blow and that he would investigate the matter.

Hegses also expressed support for Bradley's handling of the military operation, saying, "We support him."

Since September 2, a series of military operations against suspected drug-trafficking vessels have resulted in the deaths of more than 80 people. These operations come as the Trump administration intensifies pressure on Venezuelan President Maduro.

Is the military action legal?

Under U.S. and international law, killing a suspected drug trafficker who does not pose an immediate threat of serious harm to another person constitutes murder. However, the United States classifies these actions as a war against drug cartels, referring to them as armed groups.

The Trump administration stated that these drug cartels pose an imminent threat to the United States.

Human rights organizations such as Amnesty International condemned these actions as murder. Some legal experts also stated that drug trafficking gangs do not fall under the international definition of armed groups, which typically refers to organizations like al-Qaeda capable of carrying out sustained acts of violence to advance their political or ideological goals.

Critics argue that designating al-Qaeda as a terrorist organization does not legitimize military action. The U.S. strikes against al-Qaeda are considered legitimate not because al-Qaeda is designated a terrorist organization, but because Congress authorized strikes against organizations linked to the 9/11 attacks.

The U.S. Congress has the power to declare war, but it has not provided authorization to combat drug cartels.

Even though the operation to strike drug-trafficking ships was authorized by Congress, some former military lawyers say the second strike carried out on September 2 still violated the laws of war, and that if the military knowingly killed survivors, it would constitute a war crime.