US Military Faces Scrutiny After Striking Suspected Drug Boat - Explanation Provided in Law of War Manual

The Pentagon's own law of war manual explicitly forbids attacks on shipwrecked opponents, labeling such actions as illegal. Recent reports claim that a US drone strike in the Caribbean targeted survivors of a suspected drug-smuggling vessel.

Both the White House and the Pentagon have denied claims that Secretary of Defense Pete Hegseth ordered the attack on survivors. The law of war manual, while not exhaustive in listing all illegal orders, is clear on key points: "Orders to fire upon the shipwrecked would be clearly illegal."

The 1,200-page guide emphasizes that combatants unable to continue fighting are entitled to fundamental protections, using shipwreck survivors as a prime example. This context has brought intense scrutiny to a September 2 counter-narcotics strike in the Caribbean.

During that mission, which Hegseth reportedly monitored live, the US military targeted a suspected drug-smuggling boat twice. The first strike reportedly killed nine people, followed by a second strike that reportedly killed the remaining two survivors, according to The Washington Post, citing seven sources.

Hegseth dismissed the report suggesting he ordered the deaths as "fake news," asserting that US operations in the Caribbean comply with both domestic and international law and are reviewed by military and civilian legal experts.

The White House clarified that the second strike was carried out under the authority of Adm. Frank Bradley, head of Special Operations Command, to eliminate the threat from the vessel. Bradley has been called to brief Congress behind closed doors. His oversight deviated from standard practice, which usually falls under the geographic combatant commander, in this case, Adm. Alvin Holsey of Southern Command.

The Trump administration maintains that the strikes were legal. Pentagon spokesperson Kingsley Wilson said that Bradley "made the right call." Public affairs officials referred questions to Hegseth's social media statements supporting Bradley. The Pentagon also released footage of a November 10 Caribbean strike, claiming four "narco-terrorists" were killed.

Former President Trump distanced himself from the second strike while defending Hegseth, saying he did not authorize the deaths of the two remaining men.

Legal experts note that targeting survivors after a vessel has been disabled constitutes a clear violation of US military law. Dan Maurer, a retired Army judge advocate, stated that trained personnel would recognize the act as illegal. He emphasized that wounded, sick, or shipwrecked individuals cannot be attacked unless actively threatening forces and should be rescued.

The law of war manual is grounded in international law, including the Geneva Conventions, and aims to minimize unnecessary suffering. Combatants unable to fight must be treated humanely, and survivors at sea are to be rescued. Civilians engaged in criminal activity are classified as noncombatants unless they pose an imminent threat.

Traditionally, maritime drug interdiction is led by the Coast Guard, with Navy support. Force is permitted to neutralize threats, but once a vessel is disabled, crews transition to rescue or detention operations. The Pentagon labels suspected drug smugglers as "narco-terrorists," a classification aligned with a January White House designation of certain drug organizations as Foreign Terrorist Organizations.

The legality of strikes on suspected smugglers remains contested, especially following reports of survivor casualties. Since September, US forces have conducted dozens of operations against suspected drug-trafficking vessels in the Caribbean and Eastern Pacific, resulting in over 80 deaths. In some cases, survivors have been rescued and repatriated.

Analysis of Recent US Drone Strikes on Shipwreck Survivors: Legal and Ethical Questions Arise

The recent controversy surrounding a US drone strike in the Caribbean has raised serious legal and ethical concerns about military operations, particularly regarding the treatment of shipwrecked individuals. As reported, two strikes on a suspected drug-smuggling vessel left multiple casualties, including survivors, leading to widespread speculation about the legality of such actions under US military law. The Pentagon's law of war manual is clear on this matter—attacking shipwrecked individuals is illegal. Yet, the Pentagon has defended its actions, claiming they were authorized and consistent with both domestic and international law.

The Pentagon’s stance is built on the argument that the second strike, which killed two survivors, was necessary to eliminate an immediate threat. However, legal experts have pointed out that under the law of war, individuals who can no longer fight, such as shipwrecked survivors, are entitled to protection and should be rescued, not targeted. This discrepancy between the Pentagon’s justification and international legal standards is central to the debate.

While the military has dismissed the reports as "fake news" and emphasized that operations are reviewed by legal experts, the absence of standard protocols in this specific case and the fact that the authority to conduct the strike was granted by Adm. Frank Bradley, rather than the usual geographic commander, raises further questions about accountability and oversight. Additionally, the use of force against survivors, as noted by legal experts like Dan Maurer, seems to violate fundamental principles of the Geneva Conventions, which call for the humane treatment of individuals no longer posing a threat.

The classification of suspects as "narco-terrorists" further complicates the situation. Although drug traffickers can be legitimate targets during active operations, once a vessel is neutralized, the focus should shift to humanitarian efforts such as rescue or detention, not further lethal strikes. This shift in military practice, if confirmed, would signal a troubling erosion of the safeguards that are meant to protect individuals during armed conflicts.

Ultimately, the Pentagon’s justification for these strikes will need to undergo closer scrutiny, particularly in light of international law and the potential violation of human rights. As investigations continue, it remains to be seen whether this incident will prompt changes in military procedures or a reevaluation of the legal framework governing such operations.

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• A US strike on a suspected drug boat has the military in the hot seat. Its own law of war manual explains why.

Author: Grace Ellison
Grace Ellison is a journalist focusing on environmental issues and sustainability. She has experience publishing international reports and participating in documentary projects.