This week, President Donald Trump sought to justify his new policy of summarily executing suspected drug smugglers by declaring that his targets are “unlawful combatants” in an “armed conflict” with the United States. But that terminology, which Trump deployed in a notice to Congress, does not change the reality that he has authorized the military murder of criminal suspects who pose no immediate threat of violence.
So far, Trump has ordered three attacks on speedboats in the Caribbean Sea that he said were carrying illegal drugs, killing a total of 17 people. The first attack was a September 2 drone strike that killed 11 people on a boat that reportedly “appeared to have turned around before the attack started because the people onboard had apparently spotted a military aircraft stalking it.” On September 15, U.S. forces blew up another speedboat in the Caribbean, killing three people whom Trump described as “confirmed narcoterrorists from Venezuela.” Four days later, Trump announced a third attack that he said killed three people “affiliated with a Designated Terrorist Organization” who were “conducting narcotrafficking.”
Contrary to Trump’s implication, that designation does not turn murder into self-defense. “The State Department designation merely triggers the government’s ability to implement asset controls and other economic sanctions under the International Emergency Economic Powers Act (IEEPA), the Immigration and Nationality Act (INA) and other statutes,” Georgetown law professor Marty Lederman noted after the first attack on a suspected drug boat. “It has nothing to do with authorizing [the Defense Department] to engage in targeted killings…which is why the U.S. military doesn’t go around killing members of all designated Foreign Terrorist Organizations.”
According to White House spokeswoman Anna Kelly, Trump’s literalization of the war on drugs is fully consistent with international law. “The president acted in line with the law of armed conflict to protect our country from those trying to bring deadly poison to our shores,” she told The New York Times this week. “He is delivering on his promise to take on the cartels and eliminate these national security threats from murdering more Americans.”
That framing is logically, morally, and legally nonsensical. The truth is that Americans like to consume psychoactive substances that legislators have deemed intolerable, and criminal organizations are happy to profit from that demand. The fact that Americans who use illegal drugs sometimes die as a result—a hazard magnified by the prohibition policy that Trump is so eager to enforce—does not transform the people who supply those drugs into murderers.
If it did, alcohol producers and distributors, who supply a product implicated in an estimated 178,000 deaths a year in the United States, would likewise be guilty of murder. And by Trump’s logic, they would be subject to the death penalty based on nothing more than the allegation that they were involved in the alcohol trade.
Hellbound and Down 