Law of armed conflict
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Lawrence on Hegseth strikes: Legal experts say nothing in U.S. law allows for use of deadly force
MSNBC· 2025-12-12 04:58
Legal and Ethical Concerns - The legality of the US military's actions in the Caribbean, specifically the second strike on survivors, is questioned, with some legal experts labeling it as "just murder" [1] - Discrepancies exist between Admiral Bradley's account to lawmakers and public statements, particularly regarding the presence of another vessel and the intent of the survivors [1][5] - Internal dissent within the operations room suggests uncertainty and debate regarding the legality of targeting the survivors after the initial strike [1] Incident Details and Contradictions - The initial strike on a small boat in the Caribbean resulted in nine fatalities, followed by a second strike targeting the two survivors clinging to wreckage approximately the size of a dining room table [1][3] - Conflicting reports exist regarding the boat's destination, with initial suspicions of heading to the US later contradicted by evidence suggesting Surinam as the intended destination [1] - Admiral Bradley's justification for the second strike, claiming it targeted the wreckage and potential drugs rather than the survivors, is met with skepticism [1][2] Policy and Operational Changes - The Defense Department seemingly altered its policy regarding survivors after the September 2nd incident, as evidenced by the rescue of survivors in subsequent operations on October 16th and October 27th [7][8][9] - The contrast between the decision to kill survivors in the September 2nd strike and the choice to rescue survivors in later incidents raises questions about a potential shift in Pentagon policy [8]
‘Double-tap’ Caribbean strike sparks call for Pentagon to release chat logs
MSNBC· 2025-12-06 19:04
Legal Analysis of Use of Force - The legality of US forces killing disarmed survivors depends on whether the situation constitutes an armed conflict; experts generally agree that the situation with drug cartels does not rise to the level of a non-international armed conflict [3] - In law enforcement operations, deadly force is only permissible when there is an imminent threat to oneself or others [4] - If the situation is deemed an armed conflict and the boat and drugs are considered lawful military objects, striking the boat may be permissible, but survivors are entitled to protection, even if previously considered combatants [5] - Determining whether an armed conflict exists requires meeting legal criteria, and the President cannot unilaterally decide this; Congressional authorization for the use of military force is necessary [6] - The application of law requires factual analysis, and shaping facts to fit a predetermined outcome is problematic [7] - Declaring an organization as a foreign terrorist organization does not, by itself, authorize the use of deadly force against its members; it primarily allows for sanctions, removal from the US, and prosecution of supporters [10][11] Rules of Engagement and War Crimes - Only the most serious violations of the law of armed conflict are considered war crimes, such as grave breaches of the Geneva Conventions [13] - Targeting survivors of a shipwreck is considered a textbook example of an unlawful order according to the Department of Defense Law of War Manual [14] - Military members are expected to follow orders unless they are patently or clearly unlawful; senior commanders should intervene when orders are unlawful [16][17] - The duty to rescue shipwrecked survivors is a long-standing rule dating back centuries, rooted in humanitarian reasons and now part of customary international law and the Geneva Convention [19][20][21] Investigation and Oversight - Congress should review the President's decision regarding armed conflict and provide oversight and authorization [8] - Access to the execution order signed by the Secretary of Defense and the rules of engagement is crucial for understanding the parameters of the operation, including the treatment of survivors [25] - Reviewing chat logs from the operations center during the operation could provide insights into communications between different levels of command [26]
'Deliberately attacking someone is a war crime': Ret. Army Lt. Gen. reacts to Hegseth report
MSNBC· 2025-12-01 16:10
Allegations and Denials - A Washington Post report alleges Defense Secretary Pete Hegseth ordered the killing of everyone on board a suspected drug boat, including those clinging to wreckage [1] - Hegseth denies the report, and President Trump expresses his belief in Hegseth's denial [2] Congressional Concerns and Investigations - Some members of Congress express concern that the alleged actions could be a war crime and are calling for bipartisan investigations [2][4] - Lawmakers are concerned about the legality of the strikes and the legal justifications provided by the administration [6] Potential Legal and Ethical Violations - Concerns raised about a potential "double tap" strike, which could violate the Geneva Convention [7] - Striking against someone wounded and clinging to debris is considered a war crime under the Geneva Convention, the laws of land warfare, and the UN charter [12] - The situation raises concerns about senior civilian leaders potentially urging actions that violate the law of armed conflict [9] Impact on Service Members - The situation places service members in a difficult position, caught between their legal obligations, moral conscience, and the pressure of civilian authority [10] Evidence and Testimony - Film of both the original and secondary strikes should exist [8] - Key individuals who could testify include Secretary Hegseth, members of the Special Operations Command involved, and Admiral Holy [9]