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According to a Trump administration memo obtained by the Associated Press on the 2nd (local time), President Donald Trump has declared drug cartels operating in the Caribbean as unlawful combatants, stating that the United States is currently engaged in a "non-international armed conflict."
An anonymous U.S. official familiar with the matter, who is not authorized to comment publicly, told the AP that Pentagon officials notified Congress of this designation on Wednesday the 1st.
This move follows three lethal airstrikes carried out by the U.S. military last month against vessels accused of drug smuggling in the Caribbean. At least two of these operations targeted vessels departing from Venezuela.
According to federal officials, Pentagon representatives were unable to provide a list of the terrorist organizations at the heart of the conflict, a matter that caused significant frustration among some of the briefed lawmakers.
The Democratic Party has been pressuring President Trump to approach Congress to request war powers for such operations. The official added that the Trump administration is facing criticism for effectively waging a secret war against clandestine enemies without congressional consent.
A source familiar with the issue said that what the administration revealed in private, classified briefings was interpreted by several senators as an attempt to establish a new legal framework, raising questions about the role of Congress in approving such measures.
As the administration attacked vessels in the Caribbean, lawmakers from both parties in the Senate and the House of Representatives expressed strong opposition. Some had previously urged Congress to exercise its authority under the War Powers Act, which prohibits the administration from conducting airstrikes without congressional approval.
The New York Times reported on Thursday the 2nd that in a notice sent to several congressional committees, the administration provided a legal basis for the military attacks ordered by President Trump against drug smuggling vessels in the Caribbean last month, which resulted in 17 deaths. The administration argued that the occupants were "unlawful combatants" due to their involvement with cartels.
According to the New York Times, the notification stated that President Trump has designated cartel-linked groups as "non-state armed groups" and declared that their actions constitute an "armed attack against the United States."
By applying international law regarding "non-international armed conflict," the administration is portraying its war against cartels as a wartime operation rather than isolated acts of self-defense.
Legal experts cited by the New York Times stated that this move further solidifies the wartime special powers claimed by President Trump—specifically, the authority to target enemy combatants without trial, detain suspects indefinitely, and try them in military tribunals.
The administration emphasized the devastating toll of drug overdoses, which kill approximately 100,000 Americans annually, as the justification for its actions.
However, the New York Times pointed out that even though experts note the surge in fentanyl-related deaths primarily stems from Mexican cartels, the U.S. military's concentrated attacks have focused on Venezuelan vessels.
Critics told the New York Times that the administration is distorting the law by equating drug trafficking with an "armed attack."
Brian Finucane, a former State Department attorney, argued that under international law, a non-state group must be an "organized armed group" to be considered a party to a conflict. The New York Times reported that he questioned whether the Venezuelan gang Tren de Aragua (TDA), which Trump administration officials are focused on, meets that definition.
U.S. NNP = CEO & Chief Reporter Sung Ku Hong / Special News Agency NNP info@newsandpost.com
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