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Experts say the legal justification for US military boat strikes in Caribbean, Pacific is murky

Denver7 spoke with a law professor at CU Boulder in the wake of the Trump administration designating drug traffickers as "foreign terrorist organizations"
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DENVER — As bipartisan investigations continue into the U.S. military attacks on alleged drug trafficking vessels in the Caribbean and the Pacific, there are questions about the legal justification for such actions.

The Trump administration has designated drug cartels as Foreign Terrorist Organizations, or FTOs, and has been framing the attacks as self-defense.

A strike on Sept. 2 near Venezuela, in which a follow-up strike killed survivors, has led to congressional hearings.

CU Boulder law professor Maryam Jamshidi told Denver7 the FTO designation was intended for those engaged in acts like hijacking, sabotage, and using biological weapons.

“It doesn't give the U.S. government authority to kill anyone. So the FTO designation does not open up the possibility for murder, killing, assassination, or violence of any kind against members of these organizations," Jamshidi said. "They can be arrested. They could be subject to prison sentences."

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The Trump administration has argued that the suspected drug traffickers are enemy combatants and not civilians because the drugs pose a threat to American lives.

The congressional investigations have not paused military operations.

U.S. Southern Command announced on Thursday that four people were killed at the direction of Secretary of War Pete Hegseth in the latest strike, bringing the total death toll from such attacks to 87 across 22 strikes since they began in September.

Jamshidi and other legal experts are watching closely to see how the congressional investigations play out and whether the strikes are found to comply with the Laws of War.

“The broader issue here is that the White House is claiming very broad authority to engage in a series of unprecedented military actions against civilian boats in international waters. That should be very concerning and frightening to everyone,” Jamshidi said

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