In a surprising turn, President Trump has shifted from legal actions to aggressive military tactics, potentially marking the beginning of a conflict with Venezuela.
The administration insists that the annual death toll of 100,000 Americans due to cocaine and fentanyl overdoses represents a serious terrorist threat, claiming that smuggling ships, which transport illegal drugs, are akin to military targets.
Now, it seems, the administration is altering domestic policies and, perhaps, stepping outside international legal boundaries.
This statement comes from a group of former military lawyers who argue that the U.S. has always maintained a high standard of law when it comes to maritime operations. Their intention is to protect a military that has a long-standing reputation, rather than to create a lethal situation. However, they stress that such military actions must be legally justified and conducted for appropriate reasons.
Historically, actions on the oceans have adhered closely to both domestic and international laws. The rights of the flag state of a ship are respected, meaning that military action can only be taken with permission from that state or against stateless vessels. The use of force, as per Tennessee vs Garner, must follow strict legal guidelines.
According to these rules, lethal force is only permissible when a serious threat is present, used in self-defense or to protect others. Moreover, the military’s role is usually limited to detection and monitoring under the Collective Comitatus Act, while enforcement falls to law enforcement agencies. Even though the United States is not a signatory, it generally adheres to the principles established by the Law of the Sea Treaty.
While there have been notable achievements in combating drug trafficking at sea, there’s a debate about whether the persistent issue justifies more drastic measures. It’s quite possible that, despite financial incentives, potential smugglers might shy away due to fears for their lives. Still, drug trafficking organizations have shown remarkable resiliency and may quickly adapt their smuggling methods.
Even with the best-case scenarios, this approach carries considerable risk. For instance, the incident involving American missionaries in 2001, which resulted in their deaths due to mistaken military actions, highlights the dangers of employing lethal force. Current counter-drug strategies depend on a network of international partnerships and numerous bilateral agreements, all of which could be jeopardized.
Fundamentally restructuring decades of respected maritime practices is not something to take lightly. An aggressive stance against another sovereign nation raises a plethora of concerns.
Historically, targeted killings of perceived terrorists were justified only under certain conditions: they were in armed conflict with the U.S., posed immediate threats, and did not comply with law enforcement. These conditions don’t appear to apply to the Venezuelan vessels destroyed recently. Furthermore, the military force authorization post-9/11 does not seem relevant in this context.
A crucial question now is whether the incident was an actual counterstrike or perhaps a provocation intended to create a pretext for war against Venezuela. If the ultimate goal is regime change in Venezuela or conflict, this necessitates further discussion.
Congress needs to seriously evaluate whether the recent non-judicial killings and destruction of alleged smuggling vessels are lawful, prudent, or beneficial for the U.S. in the long run. It’s vital for Congress to ascertain the administration’s true motives—whether they stem from law enforcement efforts, intentions of regime change, or a path to war. Based on current knowledge, this incident raises substantial concerns. Congressional hearings and investigations are essential for establishing future national policies.
Vice President John Schquall (ret.) held roles as the Atlantic Regional Commander of the Coast Guard, Chief Advisor to the Coast Guard, and Director of the Interagency Task Force. Major General Stephen J. Repper (ret.) served as the Associate Judge Advocate General of the Air Force, among other significant positions. Rep. William Baumgartner (ret.) commanded District 7, responsible for the southeastern U.S. and the Caribbean, as well as serving as the Coast Guard’s Advocate General.
