Unlawful order
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‘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]