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US boat strikes are crimes against humanity, says former ICC prosecutor

November 6, 2025

The Trump administration is facing significant legal challenges over its airstrikes against suspected drug smuggling vessels in the Caribbean and Eastern Pacific, which have resulted in at least 66 deaths over two months. A former chief prosecutor of the International Criminal Court has characterized these attacks as crimes against humanity, arguing that the boat crews are civilians who should face criminal prosecution rather than lethal military force. The White House defends the strikes by claiming the US is engaged in armed conflict with drug cartels designated as foreign terrorist organizations, though no public evidence has been provided about drugs found on targeted vessels.

Who is affected

  • At least 66 people killed in the strikes over two months
  • 11 people killed in the September 2nd strike on a vessel allegedly operated by Tren de Aragua
  • Eight Latin American organized crime groups designated as foreign terrorist organizations, including Tren de Aragua (Venezuela) and MS-13 (El Salvador)
  • Venezuelan President Nicolas Maduro and the Venezuelan government
  • US military personnel deployed to the region
  • Congress members (both Republican and Democratic lawmakers)
  • The International Criminal Court and its judges
  • American civilians affected by drug trafficking

What action is being taken

  • The US military is conducting airstrikes on alleged drug smuggling boats in the Caribbean Sea and Eastern Pacific
  • At least 14 strikes have taken place (the initial strike on September 2nd plus 13 additional strikes)
  • A major US military buildup is taking place in the region
  • Secretary of State Marco Rubio is briefing lawmakers in classified meetings about the attacks
  • The White House is defending the strikes publicly and claiming they are lawful under armed conflict laws

Why it matters

  • This represents a significant departure from previous US policy of stopping suspected drug vessels and incarceration, moving instead toward lethal military force against alleged criminals. The situation raises fundamental questions about presidential war powers, as the US Constitution grants Congress the authority to declare war, and the administration has not provided public legal justification as typically required by the War Powers Resolution. The characterization of drug traffickers as "unlawful combatants" in armed conflict marks a dramatic expansion of military force authorization that could set dangerous precedents for international law and US foreign policy. According to the former ICC prosecutor, this shift undermines the US's post-1945 role as a guarantor of global peace and Western values, potentially creating "a very bad trend for the world."

What's next

  • Chuck Schumer, Senate Democratic leader, is requesting an all-senators briefing on the issue
  • There is speculation about potential future land strikes, though Trump has recently downplayed the possibility of war
  • The BBC has repeatedly requested names of those targeted from the Pentagon (ongoing inquiry)

Read full article from source: BBC

US boat strikes are crimes against humanity, says former ICC prosecutor