The Daily

Did a U.S. Boat Strike Amount to a War Crime?

December 3, 2025

• U.S. military has conducted 21 missile strikes on South American boats, killing over 80 people amid claims these were drug smuggling operations.

• Controversy centers on a September 2 strike where a second missile killed survivors of the first attack, raising questions about potential war crimes.

• The Trump administration claims these actions occur within an armed conflict against drug cartels, treating smugglers as combatants under the laws of war.

• Legal experts and lawmakers dispute this classification, arguing the strikes may violate international law, especially regarding targeting shipwrecked or surrendered individuals.

• Justice Department’s Office of Legal Counsel issued a memo endorsing the armed conflict theory, effectively shielding military personnel from prosecution for these strikes.

• Congressional Republicans have recently joined Democrats in calling for investigations into the legality and oversight of these military operations.

• The International Criminal Court lacks jurisdiction over these attacks as they occur in international waters and involve unregistered vessels.

• Congressional oversight could include witness testimonies, demands for unedited videos, and inquiries into missile types used, but political will will shape the depth of investigation.