Kaine warns that reported second Venezuela strike could constitute "a war crime if confirmed"

Washington Democratic Senator Tim Kaine of Virginia stated on Sunday that a U.S. follow-up strike on a suspected drug trafficking vessel earlier this year could "amount to a war crime if verified."

"If these reports are accurate, it represents a blatant breach of both the Department of Defense's own wartime regulations and international law regarding the treatment of people in such situations," Kaine remarked on Face the Nation with Margaret Brennan.

The Washington Post reported on Friday that in the first U.S. strike against a suspected drug smuggling boat in the Caribbean in September, Defense Secretary Pete Hegseth allegedly issued a verbal order to leave no survivors. A subsequent strike reportedly followed these instructions, resulting in the deaths of two survivors in the water.

Hegseth dismissed the report as "fabricated, inflammatory and derogatory," asserting that operations in the Caribbean are "fully compliant with U.S. and international law."

CBS News has not independently verified the Washington Post report. Targeting civilians or wounded military personnel is forbidden under the Geneva Conventions, which mandate that the injured must be "collected and cared for."

A group of former military lawyers stated on Saturday that a second strike of this nature would likely violate both international and domestic law. Leaders of the House and Senate Armed Services Committees have promised to investigate the alleged follow-up strike.

Since the initial September 2 strike, the U.S. has reportedly conducted nearly two dozen boat strikes in the Caribbean and eastern Pacific regions.

Kaine told CBS News chief White House correspondent Nancy Cordes that lawmakers are seeking clarity on multiple aspects of these strikes, including proof that those targeted were indeed drug traffickers, the decision to strike rather than intercept, and the legal justification for such operations.

"It took weeks of persistent questioning to extract the administrations supposed legal reasoning for conducting strikes in international waters," Kaine said. "The explanation we received was extremely inadequate."

The Virginia senator emphasized that "Congress must reassert its authority over a president acting unilaterally in war decisions, which is beyond what the Constitution permits."

Kaine has previously introduced war powers resolutions to limit the president from authorizing strikes against Venezuela, gaining backing from two Republican senators. "That was before U.S. assets were concentrated near Venezuela and before President Trump suggested the countrys airspace be closed," he added.

Trump posted on Truth Social on Saturday that Venezuelan airspace should be regarded as "CLOSED IN ITS ENTIRETY," coinciding with increased U.S. pressure on President Nicolas Maduro and signs that military measures, potentially including ground operations, could be forthcoming.

Kaine noted that any ground action would change Senate dynamics and indicated he would act immediately on a war powers resolution if military engagement began. "The situation has evolved since our previous vote," he explained. "Given the accelerated operations and recent reports, including the alleged 'kill everyone' order from Secretary Hegseth, we anticipate greater support when these motions are reintroduced."

Ohio Republican Representative Mike Turner, a member of the Armed Services Committee and former House Intelligence Committee chair, also appeared on Face the Nation Sunday. Turner stated that Congress has no confirmation that a follow-up strike took place. "If it did occur, it would be extremely serious and an illegal action," he said.

Analysis: The Alleged U.S. Strike and the Growing Legal Concerns

The recent allegations surrounding a U.S. follow-up strike on a suspected drug trafficking vessel in the Caribbean have raised significant legal and moral questions. Senator Tim Kaine, a Democratic representative from Virginia, emphasized that if verified, the strike could constitute a war crime under both U.S. and international law. His comments highlight concerns about the adherence to the Geneva Conventions, particularly the prohibition against targeting civilians and wounded personnel.

While U.S. Defense Secretary Pete Hegseth dismissed the allegations as "fabricated," the reports have gained traction, prompting a call for greater transparency. The follow-up strike reportedly led to the deaths of two survivors in the water, further fueling the debate over the legitimacy of the operation. Congress is now demanding clarity on several key issues, including the legal justification for the strikes and the evidence that the targets were indeed drug traffickers.

The alleged incident underscores the growing tension between executive military actions and congressional oversight. Senator Kaine, who has previously proposed war powers resolutions, insists that the president must not act unilaterally when it comes to military decisions, particularly those involving operations in international waters. Kaine’s stance reflects a broader concern that the current administration may be overstepping its constitutional bounds by authorizing military strikes without adequate congressional approval.

Furthermore, the ongoing situation is complicated by the broader geopolitical context. The increased U.S. military presence near Venezuela and the rising rhetoric from former President Trump regarding potential military actions against the country add an additional layer of uncertainty. If the situation escalates into ground operations, as some officials suggest, the dynamics in Congress may shift, potentially leading to more support for measures to limit the president's authority to initiate military actions without legislative approval.

As investigations into the alleged strikes continue, the legal and political implications of such operations remain a pressing issue. Lawmakers on both sides of the aisle are calling for more transparency and accountability, and it seems that the controversy over these actions will persist until clearer legal justifications are provided.

Sources:

• Kaine says reported second Venezuela strike could be "a war crime if it's true"