Trump Administration Claims Formal Armed Conflict with Drug Cartels, Prompting Legal Concerns

Strategic Insights -

The Trump administration has formally designated the United States' campaign against drug cartels as a formal "armed conflict," raising concerns among legal experts and lawmakers about the implications for the use of military force and the consequences for civilians. The decision was revealed in a confidential notice to Congress, obtained by The New York Times, which also included claims that suspected smugglers for the cartels are "unlawful combatants" who can be killed without trial. The notice cites a statute requiring reports to lawmakers about hostilities involving U.S. armed forces and repeats the administration's earlier arguments, but also goes further with new claims about the nature of the conflict. The move has been criticized by specialists in armed-conflict law, including retired judge advocate general lawyer Geoffrey S. Corn, who said the administration is "abusing" the law by conflating the trafficking of an illicit consumer product with an armed attack.

Key Takeaways:

  • The Trump administration has formally designated the U.S. campaign against drug cartels as a "noninternational armed conflict," a term that refers to a war with a nonstate actor.
  • The administration claims that suspected smugglers for the cartels are "unlawful combatants" who can be killed without trial.
  • The notice to Congress cites a statute requiring reports about hostilities involving U.S. armed forces and repeats the administration's earlier arguments, but also goes further with new claims about the nature of the conflict.
  • The move has been criticized by specialists in armed-conflict law, including retired judge advocate general lawyer Geoffrey S. Corn, who said the administration is "abusing" the law.
  • The administration has not explained how selling a dangerous substance constitutes a use of force, and Congress has not authorized the use of any type of military force against cartels.
  • The U.S. military's attacks on boats in the Caribbean Sea, which killed 17 people, may be considered unlawful or at least highly questionable under international law.
  • The notice to Congress also justified the most recent publicly disclosed attack on a boat by calling the crew "unlawful combatants."
  • The administration's argument relies on the concept of a "noninternational armed conflict," which was developed in 20th-century law to mean a civil war in one country.
  • The Supreme Court has previously found that a nonstate actor like Al Qaeda could be considered engaged in an armed conflict with the United States due to its attacks on the country.

Statistics:

  • 17: The number of people killed in the U.S. military's attacks on boats in the Caribbean Sea.
  • tens of thousands: The number of Americans who die annually from overdoses, according to the Trump administration.
  • 2006: The year the Supreme Court rejected the Bush administration's first attempt to use military commissions, saying that lawmakers needed to explicitly authorize them.
  • 20th century: The time period during which the concept of a "noninternational armed conflict" developed in international law.
  • Sept. 11, 2001: The date of the terrorist attacks that led to the U.S. war against Al Qaeda.
  • 2006: The year the Supreme Court rejected the Bush administration's first attempt to use military commissions.

Sources:

  • Savage, C., and Schmitt, E. (2022, October 25). Trump Administration Takes Hard Line on Drug Cartels. The New York Times.
  • Wong, E. (2022, September 15). U.S. Forces Kill 3 Suspected Smugglers in Coastline Attack. The New York Times.
  • United States Constitution (1787) Article II, Section 2, Clause 1. * makes the President the Commander-in-Chief of the armed forces.
  • Title 10, United States Code, Section 331.