The Trump administration’s strikes on suspected drug-trafficking boats might be legal, scholars say, but the administration hasn’t offered a clear and convincing legal case for its targeting of the boats off the coasts of the Americas.
On the latest episode of the Threat Status weekly podcast, Retired Air Force Maj. Gen. Charlie Dunlap, the executive director of the Center on Law, Ethics and National Security at Duke University Law School, delves into the complex legal questions swirling around those strikes and the administration’s argument that the U.S. is engaged in armed conflict with drug cartels.
Mr. Dunlap explains that such an argument becomes complicated when the enemies in question aren’t attacking the U.S. with traditional weapons but are instead moving drugs into the country.
“International law requires that there be sufficient organization of these non-state actors, as well as a certain intensity of the conflict, and here’s where we get into some pretty complicated legal thoughts,” he said. “Is this an armed conflict? I think a case could be made … that drugs are in essence an arm.
“They certainly are intending to harm people, especially with cocaine, they want to create addicts,” Mr. Dunlap said of the drug cartels allegedly targeted by the U.S. strikes.