Sen. Tim Kaine Comments on Military Strikes in Caribbean

On CBS’s “Face the Nation” this past Sunday, Senator Tim Kaine (D-VA) expressed that, if a recent report by the Washington Post is accurate, the initial military action taken against a suspected drug smuggling ship in the Caribbean could be classified as a war crime.

Nancy Cordes: You’re referencing a new report from the Washington Post, where Director Hegseth suggested that the complete crew of the suspected vessel should be eliminated. However, two individuals survived the encounter. Furthermore, it appears there were follow-up military actions. Do you have any questions for the Department of Defense regarding this situation?

Kaine: Initially, if that report is confirmed, it clearly contravenes the laws of war as established by the Department of Defense and violates international legal standards concerning the treatment of individuals in these circumstances. Therefore, if the allegations hold true, we are looking at an act that could be deemed a war crime. The inquiries we’ve pursued for months indicate that the occupants of the vessel were likely engaged in drug trafficking, with reports indicating survivors were from Colombia and Ecuador. Instead of apprehending and prosecuting them, the U.S. opted to return them to their countries and release them. If they were indeed drug traffickers, it raises the question: why would we handle it this way? This necessitates further evidence. Additionally, it raises pressing concerns about the legal justification for these strikes. For weeks following the event, we’ve had to dig into what’s described as the legal grounding for such an attack on international waters, and the explanations provided have been extremely lacking. While I can’t disclose specifics due to confidentiality, the rationale given appeared unconvincing to say the least. There were also several turning points, such as the early retirement of the Southcom chief, a statement from Southcom’s chief legal advisor deeming the strike illegal, and allies like Britain halting information sharing with the U.S. in this regard because they consider the attack unlawful. It’s become evident that Congress needs to step in when the President seems poised to unilaterally engage in military actions, a power the Constitution restricts.