Legal experts' opinions on the second US strike on a boat in Venezuela

Several legal specialists have expressed to BBC Verify that the US military's second attack on a Venezuelan boat suspected of drug trafficking was likely unlawful and could be considered an extrajudicial killing under international law.

On Monday, the Trump administration confirmed that the follow-up strike, criticized as a "double tap," was ordered by US Navy Admiral Frank Bradley, with the operation initially approved by War Secretary Pete Hegseth. The first strike killed nine people, leaving two survivors clinging to the burning wreckage, who were then killed in the subsequent attack, according to reports in the Washington Post. The operation involved four missiles, according to a US official.

The administration has acknowledged the presence of survivors but maintains that the strikes on September 2 were conducted "in accordance with the law of armed conflict."

Administration Response

President Donald Trump shared what appeared to be footage of the initial strike on his Truth Social account, showing two perspectives of the attack, though the images were unclear. He has suggested he would have no objection to releasing footage of the second strike.

Two months later, the Washington Post reported that Hegseth instructed the military to "kill everybody" on board. The second strike was reportedly carried out to follow this directive. Hegseth called the report "fake news" on X.

On December 1, White House Press Secretary Karoline Leavitt stated that the operation aimed to "ensure the boat was destroyed and the threat from narco-terrorists to the United States was completely eliminated." She also affirmed that Admiral Bradley acted "within his authority and the law."

During a cabinet meeting the day after the strike, Hegseth noted the boat was heavily damaged from the first blast, adding, "I did not personally see survivors [] that thing was on fire. It was exploded. And fire and smoke, you can't see anything."

According to CBS News, Admiral Bradley was expected to tell Congress that the survivors were trying to climb back onto the vessel before the second strike. Representative Jim Himes stated that footage indicated the survivors, though carrying drugs, were incapable of continuing their mission. Bradley reportedly denied a "kill them all" order.

Legal Opinions on the Strike

Legal experts previously consulted by BBC Verify on US strikes against suspected drug traffickers suggested the Trump administration's actions could violate international law. Experts specifically addressing the September 2 follow-up strike described it as extrajudicial killings.

Jessica Peake, director of the International and Comparative Law Program at UCLA, stated that while the US described its Caribbean operations as a "non-international armed conflict," the country is not engaged in an armed conflict with Venezuela or any criminal drug cartels. Even if the first strike was lawful, she argued, a second strike targeting survivors would be illegal under customary international law.

Luke Moffett, law professor at Queens University Belfast, noted that as the strikes are not part of an armed conflict, they cannot qualify as war crimes. However, in a genuine conflict, issuing a "no quarter" command would constitute a war crime.

Some conservative legal analysts, including former Bush administration official John Yoo, criticized the second strike. He referenced the US law of war manual, which prohibits orders that leave no survivors or threaten denial of quarter. Other analysts, such as Andrs Martnez-Fernndez of the Heritage Foundation, argued the strike was not illegal, noting criticism was louder than for previous drone operations under the Obama administration.

The White House has not released legal guidance for the second strike.

Historical Context of 'Double Tap' Strikes

Jessica Peake highlighted that "double tap" attacks were also employed during President Obamas first term in 2012, and were deemed illegal under international law. A 2012 Bureau of Investigative Journalism report documented 12 confirmed cases where rescuers and mourners were targeted following initial attacks in Pakistan. Obama defended the strikes as effective and lawful.

Author: Gavin Porter