Background on the Issue
The United States Department of Justice has issued a legal justification that exempts military personnel involved in attacks against suspected drug-smuggling vessels from criminal prosecution. Since September, US forces have conducted at least 19 attacks in Caribbean and Latin American waters, resulting in at least 76 deaths.
Legal Justification and Controversy
The legal justification, according to a Department of Justice spokesperson, is “consistent with the laws of armed conflict” and thus constitutes “lawful orders.” Military personnel are legally obligated to follow lawful orders and cannot be prosecuted for carrying them out.
However, this operation has sparked concerns among legal experts and lawmakers who argue that these actions may violate international law and warfare regulations. The Department of Justice’s Office of Legal Counsel reportedly drafted a classified memo in July supporting the legality of these operations and protecting participating personnel from future prosecution.
The federal government asserts it has all necessary authorizations to conduct these operations, despite growing skepticism from allies regarding the use of the military for anti-drug tasks.
US Position and European Criticism
In a related development, US Secretary of State Marco Rubio stated that American military forces have the right to operate in their “hemisphere” and that Europe cannot determine the legality of operations against drug-laden vessels in the Caribbean.
When questioned about European interference in US policy, Rubio emphasized that the European Union cannot dictate international law or determine how the United States safeguards its national security.
Key Questions and Answers
- What is the legal justification for these military attacks? The US Department of Justice asserts that the attacks are consistent with the laws of armed conflict and thus constitute lawful orders.
- Who has raised concerns about these operations? Legal experts and lawmakers have expressed worries that these actions may violate international law and warfare regulations.
- What is the US government’s stance on these criticisms? The federal government maintains it has all necessary authorizations for these operations, despite growing skepticism from allies.
- How has the US responded to European criticism? US Secretary of State Marco Rubio stated that Europe cannot determine the legality of operations in the Americas or dictate how the US ensures its national security.
