President Donald Trump has quietly decided that the U.S. is now in an “armed conflict” with drug cartels that he views as terrorists, paving the way for more lethal military strikes in international waters.
Weeks after the U.S. carried out three deadly strikes against alleged drug smuggling boats in the Caribbean Sea, prompting concerns about their legality, the White House sent a confidential notice to Congress revealing Trump had effectively opened up a new war front.
According to the memo, which was first reported by The New York Times, Trump had “determined” that drug cartels are “non-state armed groups” whose actions “constitute an armed attack against the United States.”
“Based upon the cumulative effects of these hostile acts against the citizens and interests of the United States and friendly foreign nations, the president determined that the United States is in a non-international armed conflict with these designated terrorist organizations,” it said.
The declaration is intended to give Trump more authority through a formal legal framework to take military action against forces America views as “unlawful”.
But some viewed it as a dramatic escalation, because armed conflict under international law allows countries to kill enemies even if they pose no threat, detain them without due process and prosecute them in military courts under different standards to civilian courts.
“Every American should be alarmed that Pres Trump has decided he can wage secret wars against anyone he labels an enemy,” said Democrat Jack Reed, a ranking member of the Senate Armed Services Committee.
“Drug cartels must be stopped, but declaring war & ordering lethal military force without Congress or public knowledge - nor legal justification - is unacceptable.”
The notice sent shockwaves across Capitol Hill in view of the three legally dubious strikes that took place last month, which killed 17 people.
Lawmakers have been pushing the president to go to Congress and seek war powers authority before carrying out such strikes, but have learnt about them like everyone else: through a social media post or remarks by the President.
Now, according to the memo, Trump has directed his newly rebranded Department of War led by Pete Hegseth to conduct operations against non-state deemed to be “terrorist” organizations, “pursuant to the law of armed conflict.”
The administration claims its lethal strikes are part of an expanded campaign against “narco-terrorists” and intended to stop the flow of illegal drugs into the U.S.
“If you try to poison our people, we will blow you out of existence,” Trump said this week as he addressed a meeting of top generals who had been summoned to Virginia.
At least two of the boats struck last month came from Venezuela (even though the surge of overdose deaths in recent years has been driven by fentanyl from Mexico) but very little proof of who or what was on board has been provided.
Experts have also questioned why U.S. forces would launch a missile if they could simply stop the boat and arrest the crew, which is usual maritime practice.
And at the United Nations General Assembly last week, Colombian President Gustavo Petro said Trump’s actions were akin to “murder” and called for him to be criminally investigated.
The left-wing leader, who also likened the president to Hitler, has since had his visa revoked.
“There must be criminal charges opened against those officials of the United States, including the senior official who gave the order–President Trump, who allowed missiles to be fired against young people who simply wanted to escape poverty," Petro told the UN.
The administration, however, has made no apologies for waging its war against drug cartels, or any of America’s enemies.
Speaking at Tuesday’s meeting of top generals, Hegseth said if they “choose foolishly to challenge us, they will be crushed by the violence, precision, and ferocity of the War Department.”
“In other words, to our enemies, FAFO,” he said, a reference to the term “f--k around and find out.”
“If necessary, our troops can translate that for you.”
