The Donald Trump administration is preparing a legal basis for strikes against targets it believes are linked to Venezuelan drug cartels in international waters.
Doubts about the legal position
According to a notice sent to Congress, the US president declared the country to be in a de facto “armed conflict” with drug trafficking cartels. This should allow the White House to justify the use of military force against groups designated as terrorist organizations following a series of attacks on vessels in the Caribbean.
Several senators and international law experts have questioned the legality of this move, noting that the strikes are targeting civilian targets, not armed forces waging war against the US. Senator Jack Reed called the administration’s actions opaque: “Congress has been provided neither evidence nor legal basis for such operations.”
According to authorities, at least three attacks on vessels have been carried out since the beginning of September. The first was on September 3 in the Caribbean Sea, where 11 people died. Another strike was carried out on September 15 against a ship that, according to intelligence, was used to transport drugs and had ties to a terrorist organization. Documents indicate that “approximately three illegal combatants” were killed.
Venezuela’s Response
Venezuela’s Defense Minister Vladimir Padrino Lopez stated that more than five American aircraft were spotted near the country’s coast. He called this a “provocation” and a “security threat” to Caracas.
Legal Criticism
John Bellinger, a former State Department and National Security Council lawyer under the George W. Bush administration, noted that using the term “non-international armed conflict” to describe drug cartels is inconsistent with international law. He said this is a “dangerous misrepresentation,” as cartels do not carry out direct armed attacks on US citizens or military personnel, as al-Qaeda or ISIS have done.
The Administration’s Arguments
Trump previously emphasized that hundreds of thousands of people die from drug overdoses in the US every year, and the fight against cartels must be waged using all available means. According to the Centers for Disease Control and Prevention, 87,000 drug overdose deaths were recorded in the country in the year ending September 2024—a 27% decrease from the previous year, but the problem remains widespread.
The US Supreme Court has expanded its use of “emergency” powers, increasing its own influence on policy while strengthening the position of President Donald Trump.
