Licence to kill? • FRANCE 24 English

Key Concepts

• Kinetic Strikes: Military term for offensive operations involving the use of force.
• Narco-Terrorists: Individuals or groups involved in drug trafficking and terrorism.
• Fog of War: Uncertainty and confusion that can occur during military operations, making it difficult to assess situations accurately.
• Extrajudicial Execution: The killing of individuals by government authorities without legal due process.
• War Crimes: Violations of the laws and customs of war, such as targeting civilians or shipwrecked persons.
• Command Responsibility: The principle that commanders are responsible for the actions of their subordinates.
• Laws of Armed Conflict (LOAC): International rules governing the conduct of warfare.
• International Human Rights Law: A body of international law designed to promote and protect human rights.
• Paramilitary Group: An organization that is structurally similar to a military but is not part of a state's official armed forces.
• Regime Change: The replacement of a government with another.
• Speech and Debate Clause: A constitutional provision protecting members of Congress from being questioned for any speech or debate in either House.

Summary

This YouTube transcript from France 24's "The Debate" discusses the controversial US military operations targeting alleged drug boats in the Caribbean and Pacific, focusing on the ethical, legal, and political implications of these "kinetic strikes." The central incident under scrutiny is a September 2nd operation where a vessel was sunk, allegedly resulting in the deaths of all aboard, including survivors who were reportedly targeted in a subsequent strike.

Allegations of War Crimes and Illegal Operations

The discussion highlights a Washington Post report asserting that Defense Secretary Pete Hegsth ordered the killing of all individuals on the targeted boat, leading to a second strike on survivors. This has sparked outrage and legal action from the family of a Colombian fisherman killed in the incident.

• Legal Experts' Perspectives: Human rights lawyer Reed Brody argues that killing shipwrecked persons who are no longer participating in combat is a clear definition of a war crime. He states that if Hegsth gave such an order, it would be a "manifestly illegal order" that Admiral Bradley, who carried out the attack, would have had a duty to refuse. Brody emphasizes that these strikes are not lawful and constitute "premeditated murder" or "extrajudicial execution" under international law, applying to all strikes in the Caribbean.
• Distinction Between War and Criminal Activity: Brody and Carrie Lee, a senior fellow at the German Marshall Fund, contend that drug cartels are criminal syndicates, not nation-states or insurgencies, and therefore, the "war on drugs" is a metaphor, not an actual war. They argue that the US lacks the legal authority to execute individuals without evidence, trial, or proof of imminent danger.
• US Department of Defense Manual: The transcript explicitly mentions that the US Department of Defense manual cites the order to shoot shipwrecked persons as an example of an illegal war crime.

The Role of Defense Secretary Pete Hegsth

Pete Hegsth's past support for US service members accused of war crimes and his disparaging remarks about military lawyers and the laws of war are brought up as context for the current controversy.

• Controversial Relationship with Laws of War: Carrie Lee notes that Hegsth gained notoriety for defending individuals convicted of war crimes and has consistently shown a lack of regard for military lawyers and the laws of armed conflict. This creates a command climate where such operations are deemed acceptable.
• Command Responsibility: Mark Burley, a former Central America correspondent, stresses the principle of command responsibility, stating that Hegsth, as head of the Department of Defense, has ultimate responsibility for the actions taken under his command, even if Admiral Bradley executed the order.

The "War on Drugs" as a Political Tool

The transcript suggests that President Trump is using the "war on drugs" as a political tool, particularly to exert pressure on Venezuelan leader Nicolás Maduro.

• Pressure on Venezuela: The strikes are seen as a way to pressure Maduro to step down, with Trump reportedly having spoken to him directly.
• Mixing Drug Interdiction with Regime Change: Yan Grio, a France 24 correspondent in Mexico City, points out that the US operations in the Caribbean and Venezuela have mixed the war on drugs with an open attempt at regime change.
• Pardoning of Honduran President: The pardon of former Honduran President Juan Orlando Hernández, who was serving time for cocaine trafficking, is highlighted as a contradictory action that undermines the administration's tough stance on drug traffickers.

Legal and Ethical Frameworks

The discussion delves into the legal definitions of war, war crimes, and the applicability of international law.

• No Declaration of War: Carrie Lee emphasizes that Congress has not declared war or authorized the use of military force, meaning these strikes are unauthorized.
• Unlawful Action: Regardless of legal justifications, the second strike on survivors is deemed "patently unlawful" and forbidden by the laws of war and international human rights law.
• Comparison to Rodrigo Duterte: Reed Brody draws a parallel between the actions of Trump and the Pentagon and the former president of the Philippines, Rodrigo Duterte, who is facing trial at the International Criminal Court for similar actions.

The "Gamification" of War and Psychological Impact

The transcript touches upon the perception of modern warfare, particularly drone strikes, as potentially detached and "gamified."

• Detachment from Reality: The use of video game-like footage by the US War Department is criticized for masking the reality of human lives being taken.
• Psychological Toll on Service Members: Carrie Lee acknowledges that while it may appear detached, the operations have a significant psychological toll on service members who are responsible for tracking and executing strikes, leading to potential destabilization.

The Role of Military in Fighting Cartels

The debate explores whether the military is the appropriate body to combat drug cartels.

• Law Enforcement vs. Military: Carrie Lee argues that fighting drug traffickers is a criminal issue that should be handled by law enforcement agencies with strict bounds.
• Paramilitary Nature of Cartels: Yan Grio notes that cartels have become paramilitary groups, creating a hybrid conflict between crime and war in Latin America. He advocates for specific legislation to address this unique threat rather than labeling them as terrorist groups.

Political Theater and Erosion of Norms

The discussion suggests that the administration's actions are partly performative and driven by a desire to appeal to a specific base, while potentially eroding established legal and ethical norms.

• "Hollywoodization" of Conflict: Mark Burley describes the approach as a "Michael Bay directed intervention," a deliberate tactic that plays well with Trump's base by portraying a heroic narrative against a faceless enemy.
• Collision of Mythology and Reality: The administration's use of tropes and imagery from Hollywood militarization movies is seen as colliding with the reality of established laws and international norms.
• Dismantling of Legal Safeguards: Reed Brody highlights the Trump administration's dismantling of internal legal safeguards, including removing judges and military lawyers, and loosening rules on lethal force, creating a dangerous environment with few restraints.
• Weaponization of Military Justice: Carrie Lee expresses concern about the weaponization of the Pentagon and military justice system to silence dissent and investigate individuals for stating well-established legal principles regarding the refusal of illegal orders.

The Future of US-Venezuela Relations

The potential for escalation into a conflict with Venezuela is discussed as a significant risk.

• Regime Change as a Goal: The strikes are seen as a means to push for regime change in Venezuela.
• Public Opinion and Intervention: While some polls suggest a degree of public support for US intervention in Venezuela, the panelists express skepticism about the feasibility and desirability of a full-scale military operation, particularly given the US history in Latin America.
• "Boots on the Ground" Unlikely: Carrie Lee believes that a full-blown military operation for regime change in Venezuela is unlikely due to public opposition, military wariness, and opposition from Latin American partners.

Conclusion

The transcript concludes by emphasizing the dangerous erosion of legal and ethical guardrails under the current administration. The operations against alleged drug boats are presented not as a legitimate law enforcement action or a declared war, but as an illegal assertion of power, driven by political motives and a disregard for international law and established norms. The panelists express a cautious hope that resistance to these actions is growing, but acknowledge the significant power still wielded by the administration. The potential for further escalation, particularly concerning Venezuela, remains a serious concern.