Author: Mason Miller
Publish Date: 10.15.2025
A recent series of deadly United States military strikes in international waters raises legal concerns over the use of lethal measures against alleged foreign drug-smuggling vessels.[1]
After increasing maritime forces off the waters of Venezuela in efforts to combat Latin American drug cartels, the United States military carried out its first strike in the southern Caribbean in early September, killing eleven.[2] The target of the strike was a multi-engine speedboat, operated by the Tren de Aragua gang, allegedly transporting drugs to the United States after departing from Venezuela.[3] Just weeks later, the United States military again carried out two lethal strikes in international waters against vessels allegedly carrying illegal narcotics, heading towards the United States.[4]
Congress passed the Maritime Drug Law Enforcement Act in 1986, granting the United States enforcement powers while recognizing drug-smuggling in international waters as a crime against the United States.[5] Traditionally, authorities board vessels, seize contraband, and arrest those on board.[6] The recent military strikes in the southern Caribbean, however, raise questions over the legality of more lethal measures.[7]
As justification for the strikes, United States officials assert that drug cartels pose an immediate threat to the United States, and that the President has the right to eliminate such threats.[8] President Trump released a statement on Truth Social, stating that one strike targeted an “extremely violent” drug trafficking cartel and characterized the smuggled narcotics as deadly weapons poisoning Americans.[9] Another United States official cited the use of self-defense against designated foreign terrorist organizations, such as the Tren de Aragua gang, as justification for the strikes.[10]
Others, however, criticize the strikes and the use of lethal force.[11] Several senators view the strikes as an overreach of executive authority and military powers.[12] Human rights organizations raise additional concerns, calling the strikes “extrajudicial execution” without legal justification.[13]
Questions remain as to how the United States military determined the identity of those onboard, before carrying out the lethal strikes.[14]
[1] Aamer Madhani, US Has Carried Out Another Fatal Strike Targeting Alleged Drug-smuggling Boat, Trump Says, AP News (Updated 7:46 PM CDT, Sept. 19, 2025), https://apnews.com/article/strike-drug-smuggling-vessel-275ab9837373a928aa3376e50d8d39b0.
[2] Aamer Madhani et al., Trump Says US Strike on Vessel in Caribbean Targeted Venezuela’s Tren de Aragua Gang, Killed 11, AP News, (Updated 7:56 PM CDT, Sept. 2, 2025), https://apnews.com/article/venezuela-strike-rubio-trump-0f901b2a30ee20e314bcab1385ffb0c0.
[3] Id.
[4] Madhani, supra note 1.
[5] Konstantin Toropin & Joshua Goodman, US Upends Its Role as the High-seas Drug Police with a Military Strike on Venezuelan Boat, AP News (Updated 5:30 PM CDT, Sept. 8, 2025), https://apnews.com/article/trump-venezuela-drug-cartels-military-06f6d8b42f2fdf3656fb1be7f6fd5d49.
[6] Id.
[7] Id.
[8] Id.
[9] Donald Trump (@realDonaldTrump), Truth Social (Sept. 15, 2025, 2:57 PM), https://truthsocial.com/@realDonaldTrump/posts/115210075167747572.
[10] Toropin & Goodman, supra note 5.
[11] Aamer Madhani & Regina Garcia Cano, US Military Again Targeted a Boat Allegedly Carrying Drugs from Venezuela, Trump Says, AP News (Updated 2:37 AM CDT, Sept. 16, 2025), https://apnews.com/article/trump-venezuela-drug-cartels-05c5b0de282178419d46a3e93fbd2521.
[12] Id.
[13] Id.
[14] Madhani, supra note 1.
Charleston School of Law will be in attendance at the John Jay College of Criminal Justice Law School Fair on Thursday, October 16 from 11:00 a.m. – 5:00 p.m.
Charleston School of Law will host a Workshop Series on Legal Ethics with Attorney at Law John Nichols on Thursday, October 16 in Room 224.
The Wellness Program at Charleston Law continues the Professionalism Series on Friday, October 17 from 9:00am-1:00pm. Charleston Law Director of Wellness Cristy Lorente will lead Mental Health First Aid training.