Former JAGs suggest that Hegseth and others may have committed war crimes

A group of former military lawyers released a statement on Saturday condemning Defense Secretary Pete Hegseth for reportedly instructing a special operations commander and military personnel to eliminate everyone on a vessel suspected of carrying drugs on September 2.

The memo, issued by the Former JAGs Working Group, follows a report by The Washington Post stating that Admiral Frank M. Mitch Bradley, then head of Joint Special Operations Command, directed SEAL Team 6 to carry out a second strike after the initial attack left two individuals clinging to the wreckage, allegedly following Hegseths orders.

This was the first strike within the U.S. Southern Commands jurisdiction as part of what the Pentagon described as counternarcotics operations. The survivors were killed in the subsequent strike.

The Former JAGs Working Group unanimously regards both the issuance and execution of these orders, if verified, as constituting war crimes, murder, or both, the memo stated.

The group was formed in February after Hegseth dismissed Army JAG Lt. Gen. Joseph B. Berger III and Air Force JAG Lt. Gen. Charles Plummer for allegedly being unsuitable for providing legal guidance on lawful orders. The memo argues that such actions undermine the militarys legal safeguards against war crimes like the September 2 strike.

According to the memo, if the U.S. military is involved in a non-international armed conflict, as previously asserted by the Trump administration, orders to kill everyone that result in the death of survivors are illegal under international law. Conversely, if the U.S. is not in armed conflict, giving such orders could expose everyone involved, from Hegseth to the individuals executing the strike, to prosecution for murder under U.S. law.

The former JAGs urged Congress to investigate the use of lethal force against incapacitated individuals, emphasizing that orders to kill survivors at sea are illegal and those who follow them should face accountability for war crimes or murder.

The memo highlights that survivors should have been treated as prisoners of war. It cites the Geneva Conventions, noting that those out of combat due to injury or incapacitation cannot be targeted. Violations of this principle are punishable under both U.S. and international law. Additionally, the 1907 Hague Convention prohibits declaring that no mercy will be granted to defeated adversaries.

According to The Washington Post, Hegseth allegedly gave a verbal directive to leave no survivors, though JSOC briefings reportedly claimed the follow-up strikes aimed to sink the vessel and remove navigational hazards, not specifically kill the remaining individuals. The same explanation was reportedly given to lawmakers in closed-door sessions.

President Donald Trump expressed confidence in Hegseth after being told the report was inaccurate, stating that he would not have wanted a second strike. White House Press Secretary Karoline Leavitt later asserted that Bradley acted within his legal authority in ordering the follow-up strike.

Hegseth responded publicly on his X account, calling the report false and stating that the strikes aimed to stop drug trafficking into the U.S., with all casualties linked to designated terrorist organizations. He criticized the Biden administration for enabling cartel activity and alleged security risks from unvetted arrivals.

Hegseth insisted that current Caribbean operations comply fully with U.S. and international law, approved by legal authorities throughout the chain of command. As of November 17, the Trump administration disclosed 21 strikes resulting in at least 82 deaths.

Author: Sophia Brooks