Legal Concerns Regarding Military Strikes - The report raises serious legal questions about potential war crimes related to a second strike on survivors, even under the assumption of an armed conflict with drug cartels [1][2][3] - The legality of the strikes is questioned under the law of naval warfare and armed conflict, as survivors clinging to remnants of a boat are not considered an imminent threat and should receive protection [2][3] - The report highlights that such actions could violate customary international law incorporated into U S domestic law, potentially constituting murder [3] - The legality of potential land strikes is questioned, with concerns raised about whether they comply with the law of armed conflict regarding survivors who pose no threat [4][5] Evidence and Due Process - The report notes the lack of evidence supporting claims that the targeted boats were smuggling drugs related to the fentanyl crisis aimed at the U S [6][7][8] - The report emphasizes the importance of due process before engaging in deadly action, suggesting that interdiction and boarding of vessels should be prioritized over immediate deadly force [9][10] Congressional Oversight and Executive Power - The report underscores Congress's constitutional duty to oversee military actions and potentially declare war if the conflict becomes long-term and involved [5][11] - The report questions the consistency of the U S policy, citing the pardon of a former Honduran president convicted of drug trafficking while simultaneously striking boats allegedly involved in drug smuggling [11][12][13] Supreme Court and Tariff Regime - The report anticipates a Supreme Court ruling on President Trump's tariff regime, expecting a decision before the end of the year [15][16][17] - The report suggests the Supreme Court may apply the doctrine requiring an express delegation from Congress for executive actions with broad economic consequences, potentially leading to the tariffs being overturned [18][19]
Does Second Venezuela Boat Strike Raise Legal Concerns?
Bloomberg Television·2025-12-03 03:07