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Congress sounds alarm over possibility of war crimes
in Caribbean strikes
3 December 2025
Pressure is mounting in Washington this week as members of Congress from both parties raise questions about potentially extrajudicial killings by the US military in the Caribbean as they target “narco-terrorists.” While the killings have been going on since September, a Washington Post article on Friday sounded alarm bells when they reported that Secretary of Defense Pete Hegseth ordered a second strike on an alleged drug boat off the coast of Trinidad, killing the disarmed survivors of the first strike.
In response, Democratic Senator Tim Kaine, who sits on the Senate Foreign Relations Committee, said, “this rises to the level of a war crime if it’s true” and Republican Representative Don Bacon, who sits on the House Armed Services Committee, noted that, if verified, the action would be a “clear violation of the law of war.” At yesterday’s Cabinet meeting, Hegseth said that he “didn’t stick around” for the second strike, but said that he learned later that Admiral Bradley made the “correct decision” to “sink the boat and eliminate the threat."
A few key questions emerge from this:
Is the United States at war? The White House has not said they are at war with narco-terrorists and Congress has not authorised any declaration of war or even authorisation of military force. However, the members of the congressional committees reviewing these activities are citing the law of war and alleging potential war crimes, which could indicate a presumption of war. The White House does say this was an armed conflict.
Can the Pentagon attack narco-terrorists? The Pentagon can carry out strikes in some circumstances. Under US law, strikes must be ordered by the president under either the 2001 Authorization for Use of Military Force, as President Obama did with his drone strikes in Yemen, Pakistan and Somalia or it must be deemed in the national interest, such as the limited scope of military activities allowed under the War Powers Resolution of 1973 for 60 days before congressional approval is required.
Are these strikes extrajudicial? The White House says the killing in question was an act of self-defence and consistent with the law of armed conflict. However, many legal experts dispute this claim, saying the surviving sailors were shipwrecked and must be protected. However, even if the strikes are later found to be unlawful President Trump, can pardon anyone involved and President Trump himself enjoys broad immunity for any official actions due to the Supreme Court’s ruling last year.
The debate over these strikes occurs as the United States is increasing its military presence around Venezuela. Its largest warship, the USS Gerald R. Ford, and at least five additional US military vessels are now located in the Caribbean, within striking range of Venezuela. President Trump also declared the airspace above Venezuela closed in a Truth Social post. It appears the United States is edging closer to the possibility of war or kinetic action to drive regime change in Venezuela. If this happens, the strikes in the Caribbean may signal a paradigm shift for warfare, harkening back to the US approach towards “pre-emptive strikes” in the aftermath of 9/11.
Mari Koeck
Director of Engagement and Impact
Lead photo: US Secretary of Defense Pete Hegseth speaks at a Cabinet meeting (Getty)
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