In a significant escalation of the United States' war on drugs, President Donald Trump has formally notified Congress that the nation is now engaged in a "non-international armed conflict" with international drug cartels. This announcement follows a series of targeted military actions against drug-smuggling operations in the Caribbean, which the administration has identified as being conducted by terrorist-affiliated organizations.
The declaration, which was made through a confidential memo to lawmakers on Thursday, seeks to establish a robust legal foundation for the use of military force against the cartels. By invoking international law, the administration claims the right to expanded wartime powers, including the targeting of cartel operatives as "unlawful combatants" who may be targeted even when not posing an immediate threat and detained indefinitely without trial if captured.
This shift in strategy was unveiled after the Pentagon briefed the Senate Armed Services Committee behind closed doors on Wednesday. During this session, officials presented the legal justification for the recent strikes and fielded questions from lawmakers regarding the legality and scope of the military's actions.
The Trump administration's approach draws on terminology from international law, specifically the concept of a "non-international armed conflict," a category traditionally applied to insurgencies or civil conflicts rather than engagements with sovereign nations. The memo from President Trump underscores the growing sophistication and militarization of the drug cartels, stating that they "operate with impunity" and have "the financial means, sophistication, and paramilitary capabilities needed."
However, this new stance has not been without controversy. Democratic members of Congress have raised concerns that the military strikes may contravene the War Powers Act, which mandates that any military action not expressly authorized by Congress must be limited or ceased. Historically, presidents from both parties have found ways to work around the Act, as seen in Obama's airstrikes in Libya in 2011 and Clinton's direction of NATO's Kosovo campaign in 1999.
The administration's designation of cartels as terrorist organizations and the subsequent military actions have sparked debate over the extent of Congress's role in authorizing such measures. During Wednesday's classified briefing, some senators were left unsatisfied with the lack of clarity regarding the specific terrorist groups considered central to the conflict, as Pentagon officials could not provide a definitive list.
The administration has framed the strikes as acts of "self-defense," claiming that the laws of war authorize the United States to eliminate traffickers associated with cartels classified as terrorist groups. This interpretation of "non-international armed conflict" has evolved since its original application to civil wars and has been broadened post-9/11 when President George W. Bush declared war on al-Qaeda.
The legal underpinnings of this doctrine were challenged when applied to al-Qaeda, with some scholars arguing that the group was more of a criminal organization than a military adversary. However, the Supreme Court ruled that the conflict with al-Qaeda did constitute a war, thus permitting the indefinite detention of its operatives.
In the context of Trump's memo, the legal rationale for defining narcotics trafficking as a use of force under international law remains to be fully articulated. Nevertheless, the document posits that the cartels are directly responsible for tens of thousands of American deaths each year due to illegal drug trafficking.
White House spokeswoman Anna Kelly has defended the president's actions, stating, "The President acted in line with the law of armed conflict to protect our country from those trying to bring deadly poison to our shores, and he is delivering on his promise to take on the cartels and eliminate these national security threats from murdering more Americans."
The first operation under this new campaign took place on September 2, when U.S. forces attacked a drug-smuggling speedboat linked to Venezuela's Tren de Aragua gang, previously designated as a foreign terrorist organization by the U.S. The strike resulted in 11 fatalities.
