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Notes -
https://www.reuters.com/world/americas/white-house-admiral-approved-second-strike-boat-venezuela-was-well-within-legal-2025-12-01/
https://www.reuters.com/legal/government/some-us-republicans-want-answers-venezuela-strikes-despite-trump-2025-12-01/
Aaand (after previously denying it?) the White House confirms that a second strike killed survivors of an initial strike on an alleged drug smuggling boat. (Hegseth is joking about it) It even seems the purpose of the second strike was solely to leave no survivors.
Curious that the targeted smuggling boats have large crews, rather than conserving space and weight capacity for drugs...
Anyone have a read on whether or not there are still "Trump is the anti-war President" true believers and, if so, how those people are trying to square the circle?
The stupider this becomes, the more likely it seems that this conflict is a result of Trump's fixation with spoils of war and that he actually thinks we can literally just "take the oil."
Am I understanding this correctly that striking the boat and killing everyone would be fine and legal, striking the boat and killing a bunch and letting the rest drown or be eaten by sharks is fine and legal. But sending in a second strike to "finish the job", that is crossing a line, that is a war crime, Hegseth must be sent to the Hague for hanging?
I could see being upset about the initial strike, if there was another available option to intercept the boat, try the drug dealers, and hang them under law. It is better to go the extra mile to show you aren't making mistakes and accidentally striking innocent boaters.
But making the second strike the point of outrage? Yawn, don't care.
Killing the crew of a disabled ship in the water absolutely is a war crime, and a pretty serious one at that. You could hang for doing something like this in the past (I’m not sure if there are examples of this actually happening, just speaking to the attitude historically taken toward the issue). I believe this was codified at The Hague at the turn of the 20th century but it was generally accepted convention for a long, long time before that as well.
Simply firing two missiles at the boat would not be a war crime (well, there’s an argument to be made that these operations in general constitute extrajudicial executions more than warfare, I personally have mixed thoughts about it, but obviously for this discussion we’re assuming the combat itself is legitimate). The crime is from firing once, confirming the boat is disabled and sinking, noticing survivors in the water, then firing again to finish them off. This is unambiguously a war crime today and has always been considered egregious misconduct. Even if you were fighting against pirates, back in the day, you wouldn’t order your marines to shoot the survivors of a sinking ship out of the water. That would be dishonorable. You would be expected to rescue them and take them prisoner, and perhaps then execute them in an orderly manner if deemed appropriate.
The concept is the same as how you don’t shoot at a pilot who has ejected from a shot-down plane, and is therefore no longer part of the battle. If you kill him in the process of shooting him down, c’est la vie, but if he bails out and you circle back to blow him away on his parachute, that’s beyond the pale.
You and others (u/UwU , /u/haversoe) are ignoring both the letter of the law and spirit of the law. The letter of the law (such as Geneva article 3 -- https://ihl-databases.icrc.org/en/ihl-treaties/gci-1949/article-3 ) does not apply to pirates or criminals at sea. They are not a member of armed forces, they never signed the conventions, they are not on the territory of a signing state, they do not get protected.
The spirit of the law is that international law is basically a gentleman's agreement (often observed in the breach), the cooperate quadrant of a prisoner's dilemma to make war slightly more awful. If an enemy unit has been completely defanged, and I capture them instead of killing them, that costs me little, and if my opponent does the same to my troops, we are both much better off because fewer men die unnecessarily. Therefore, it is in my interest to make an agreement with my opponent and order by officers to obey the agreement so that our men are given similar treatment. The spirit of the law is furthermore that members of official armed forces are usually decent, good, productive men, often with families, who are doing the right thing in serving their country, and even if they are on the wrong side of the war, will be productive citizens in the future and it will be tragedy for any more to die than necessary. They are not criminals. The parachuter who we rescue and imprison instead of shooting, may go on to have a great life.
Whereas with drug runners and pirates, we are not in a gentlemen's agreement with them, and we do not want to preserve their life. I could really care less if they are just excuted on the spot, left to be eaten by the sharks, or brought home to be hung. Either way, they are dead. So there is a big difference between executing the drug dealer who deserved to be killed anyways, versus executing the parachuter who we want to live.
They probably wouldn't bother to waste ammo, but if they did shoot the pirates in the water, absolutely nobody would care.
That’s true, but I don’t think it would’ve been considered “proper” conduct. They might sink a pirate ship and leave without making a rescue attempt but I don’t think they’d finish off survivors. And it would be more a case of “nobody is going to miss them anyway” rather than active policy. Certainly many pirates were captured from sunk/defeated ships, then tried and jailed/whipped/executed according to the law. Admittedly I got a bit carried away with the historical analogies, I have some knowledge but I’m far from an expert and it’s not a perfect parallel to the issue at hand anyway.
Part of the (legal) problem is that the anti-drug operation is being justified in no small part by declaring the smugglers to be irregular combatants (narco-terrorists) affiliated with the Venezuelan government. If they are merely ordinary drug smugglers then the Navy should not be sinking their boats at all, per US law, and doing so would be criminal. But if they are combatants then the strike would be a war crime. There’s no version of modern law where killing the survivors after destroying the boat is legal/acceptable conduct.
Edit: @KMC as well
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