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War Crime, Murder, or Both? Dems Demand DOJ Probe Into Hegseth Order to Kill Shipwrecked Sailors
"Giving a general order to kill any survivors constitutes a war crime," wrote Reps. Jamie Raskin and Ted Lieu. "Outside of war, the killing of unarmed, helpless men clinging to wreckage in open water is simply murder."
Dec 22, 2025
Making clear that the Trump administration's "entire Caribbean operation," which has killed more than 100 people in boats that the US military has bombed, "appears to be unlawful," two Democrats on a powerful House committee on Monday called on the Department of Justice to investigate one particular attack that's garnered accusations of a war crime—or murder.
House Judiciary Committee Ranking Member Jamie Raskin (D-Md.) and Rep. Ted Lieu (D-Calif.) wrote to Attorney General Pam Bondi four weeks after it was reported that in the military's first strike on a boat on September 2, Defense Secretary Pete Hegseth ordered service members to "kill everybody"—prompting a second "double-tap" strike to kill two survivors of the initial blast.
A retired general, United Nations experts, and former top military legal advisers are among those who have warned that Hegseth and the service members directly involved in the strike—as well as the other attacks on more than two dozen boats in the Caribbean and eastern Pacific—may be liable for war crimes or murder.
Raskin and Lieu raised that concern directly to Bondi, writing: "Deliberately targeting incapacitated individuals constitutes a clear violation of the Department of Defense’s Law of War Manual, which expressly forbids attacks on persons rendered helpless by shipwreck. Such conduct would trigger criminal liability under the War Crimes Act if the administration claims it is engaged in armed conflict, or under the federal murder statute if no such conflict exists."
The administration has insisted it is attacking the boats as part of an effort to stop drug trafficking out of Venezuela, and has claimed the US is in an armed conflict with drug cartels there, though international and domestic intelligence agencies have not identified the country as a significant source any drugs that flow into the US. As President Donald Trump has ordered the boat strikes, the administration has also been escalating tensions with Venezuela by seizing oil tankers, claiming to close its airspace, and demanding that President Nicolás Maduro leave power.
Critics from both sides of the aisle in Congress have questioned the claim that the bombed boats were a threat to the US, and Raskin and Lieu noted that the vessel attacked on September 2 in particular appeared to pose no threat, as it was apparently headed to Suriname, "not the United States, at the time it was destroyed."
"Deliberately targeting incapacitated individuals constitutes a clear violation of the Department of Defense’s Law of War Manual, which expressly forbids attacks on persons rendered helpless by shipwreck."
"Congress has never authorized military force against Venezuela; a boat moving towards Suriname does not pose a clear and present danger to the United States; and the classified legal memoranda the Trump administration has offered us to justify the attacks are entirely unpersuasive," wrote the lawmakers.
Raskin and Lieu emphasized that Hegseth's explanations of the September 2 strike in particular have been "shifting and contradictory."
"Secretary Hegseth has variously claimed that he missed the details of the September 2 strike because of the 'fog of war,' and that he actually left the room before any explicit order was given to kill the survivors," they wrote. "Later reporting suggests that he gave a general order to kill all passengers aboard ahead of the strike but delegated the specific order to kill survivors to a subordinate."
The facts that are known about the strike, as well as Hegseth's muddled claims, warrant a DOJ investigation, the Democrats suggested.
"Giving a general order to kill any survivors constitutes a war crime," they wrote. "Similarly, carrying out such an order also constitutes a war crime, and the Manual for Courts-Martial explicitly provides that 'acting pursuant to orders' is no defense 'if the accused knew the orders to be unlawful.' Outside of war, the killing of unarmed, helpless men clinging to wreckage in open water is simply murder. The federal criminal code makes it a felony to commit murder within the 'special maritime and territorial jurisdiction of the United States,' which is defined to include the 'high seas.' It is also a federal crime to conspire to commit murder."
Raskin and Lieu also emphasized that two memos from the DOJ's Office of Legal Counsel (OLC) "do not—and cannot—provide any legal protection for the secretary’s conduct."
A 2010 OLC memo said the federal murder statute does not apply "when the target of a military strike is an enemy combatant in a congressionally authorized armed conflict," they noted. "In stark contrast, in the case of the Venezuelan boats, Congress has not authorized military force of any kind."
A new classified memo also suggested that “personnel taking part in military strikes on alleged drug trafficking boats in Latin America would not be exposed to future prosecution," and claimed that "the president’s inherent constitutional authority in an undeclared 'armed conflict' will shield the entire chain of command from criminal liability."
The Democrats wrote, "Experts in criminal law, constitutional law, and the law of armed conflict find this sweeping, unsubstantiated claim implausible, at best."
They also noted that even the author of the George W. Bush administration's infamous "Torture Memo," conservative legal scholar John Woo, has said Hegseth's order on September 2 was clearly against the law.
"Attorney General Bondi, even those who condoned and defended torture in the name of America are saying that the Trump administration has violated both federal law and the law of war," wrote Raskin and Lieu. "We urge you to do your duty as this country’s chief law enforcement officer to investigate the secretary’s apparent and serious violations of federal criminal law."
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UN Experts Say Those Ordering and Carrying Out US Boat Strikes Should Be 'Prosecuted for Homicide'
“US military attacks on alleged drug traffickers at sea," said two human rights experts, "are grave violations of the right to life and the international law of the sea."
Dec 04, 2025
Two United Nations rights experts warned that in numerous ways in recent weeks, the Trump administration's escalation toward Venezuela has violated international law—most recently when President Donald Trump said he had ordered the South American country's airspace closed following a military buildup in the Caribbean Sea.
But the two officials, independent expert on democratic and international order George Katrougalos and Ben Saul, the UN special rapporteur on protecting human rights while countering terrorism, reserved their strongest condemnation and warning to the US for the administration's repeated bombings of boats in the Caribbean and the Pacific, which have targeted at least 22 boats and killed 83 people since September as the White House has claimed without evidence it is combating drug traffickers.
The strikes, said Katrougalos and Saul, "are grave violations of the right to life and the international law of the sea. Those involved in ordering and carrying out these extrajudicial killings must be investigated and prosecuted for homicide.”
Human rights advocates have warned for months that the strikes are extrajudicial killings. Trump has claimed the US is in an "armed conflict" with drug cartels in Venezuela—even though the country is not significantly involved in drug trafficking—but Congress has not authorized any military action in the Caribbean.
Typically, the US has approached drug trafficking in the region as a criminal issue, with the Coast Guard and other agencies intercepting boats suspected of carrying illegal substances, arresting those on board, and ensuring they receive due process in accordance with the Constitution.
The Trump administration instead has bombed the boats, with the first operation on September 2 recently the subject of particular concern due to reports that Defense Secretary Pete Hegseth issued an order for military officers to "kill everybody" on board a vessel, leading a commander to direct a second "double-tap" strike to kill two survivors of the initial blast.
Hegseth and Trump have sought to shift responsibility for the second strike onto Adm. Frank "Mitch" Bradley, the commander who oversaw the attack under Hegseth's orders. Bradley was scheduled to brief lawmakers Thursday on the incident.
The White House has maintained Bradley had the authority to kill the survivors of the strike and to carry out all the other bombings of boats, even as reporting on the identities of the victims has shown the US has killed civilians including an out-of-work bus driver and a fisherman, and the family of one Colombian man killed in a strike filed a formal complaint accusing Hegseth himself of murder.
The UN experts suggested that everyone involved in ordering the nearly two dozen boat strikes, from Trump and Hegseth to any of the service members who have helped carry out the operations, should be investigated for alleged murder.
After Hegseth defended the September 2 strike earlier this week, Saul emphasized in a social media post that contrary to the defense secretary's rhetoric about how the boat attacks are "protecting" Americans, he is carrying out "state murder of civilians in peacetime, like executing alleged drug traffickers on the streets of New York or DC."
As Common Dreams reported last month, a top military lawyer advised the White House against beginning the boat bombings weeks before the September 2 attack, saying they could expose service members involved in the strikes to legal challenges.
Katrougalos and Saul urged the administration to "refrain from actions that could further aggravate the situation and ensure that any measures taken fully comply with the UN Charter, the Chicago Convention, and relevant rules of customary international law."
They also emphasized that Trump had no authority to declare that Venezuela's airspace was closed last week—an action that many experts feared could portend imminent US strikes in the South American country.
“International law is clear: States have complete and exclusive sovereignty over the airspace above their territory. Any measures that seek to regulate, restrict, or ‘close’ another state’s airspace are in blatant violation of the Chicago Convention,” said the experts. “Unilateral measures that interfere with a state’s territorial domain, including its airspace, risk fully undermining the stability of the region and are seriously undermining Venezuela’s economy."
Saul and Katrougalos further called on the White House not to repeat "the long history of external interventions in Latin America."
“Respect for sovereignty, nonintervention, and the peaceful settlement of disputes," they said, "are essential to preserving international stability and preventing further deterioration of the situation.”
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White House Claims Trump 'Has the Authority to Kill' Survivors of Boat Strikes
One legal expert called the press secretary's remarks "painful" to watch and warned of "how the reported patently illegal orders will affect US service members."
Dec 01, 2025
While continuing to deny that the Pentagon chief ordered those carrying out the first known US military strike on an alleged drug-running boat to "kill everybody" on board, the top White House spokesperson on Monday reiterated the administration's position that President Donald Trump has the authority to take out anyone he deems a "narco-terrorist."
Rights advocates, legal scholars, American lawmakers, and leaders from other countries have condemned the boat bombings in the Caribbean and Pacific Ocean, which began on September 2, as murders, and rejected the Trump administration's argument to Congress that the strikes are justified because the United States is in an "armed conflict" with drug cartels.
A week after the first bombing, the Intercept reported that people on board survived but were killed in a follow-up attack. The Washington Post provided more details on Friday, including that Adm. Frank M. "Mitch" Bradley ordered a second strike on two survivors to fulfill US Defense Secretary Pete Hegseth's alleged directive to kill everyone.
CNN also spoke with an unnamed source who confirmed Hegseth's supposed edict—which the White House press secretary, Karoline Leavitt, denied on Monday.
During Monday's press briefing, NBC News White House correspondent Gabe Gutierrez noted Trump's "confidence" in Hegseth's claim that he did not give an explicit order to kill everyone on the first vessel, and asked Leavitt, "Does the administration deny that that second strike happened, or did it happen and the administration denies that Secretary Hegseth gave the order?"
"The latter is true," Leavitt said. She then read a statement that she often referred back to throughout the briefing:
President Trump and Secretary Hegseth have made it clear that presidentially designated narco-terrorist groups are subject to lethal targeting in accordance with the laws of war. With respect to the strikes in question on September 2, Secretary Hegseth authorized Adm. Bradley to conduct these kinetic strikes. Adm. Bradley worked well within his authority and the law, directing the engagement to ensure the boat was destroyed and the threat to the United States of America was eliminated.
"And I would just add one more point," Leavitt continued, "to remind the American public why these lethal strikes are taking place: Because this administration has designated these narco-terrorists as a foreign terrorist organizations, the president has a right to take them out if they are threatening the United States of America, and if they are bringing illegal narcotics that are killing our citizens at a record rate—which is what they are doing."
Asked by Gutierrez to confirm Bradley ordered the second strike, Leavitt did so, saying that "he was well within his right to do so."
Multiple other reporters also inquired about the recent reporting, including Fox News senior White House correspondent Jacqui Heinrich, who said: "You said that the follow-up strike was lawful. What law is it that allows no survivors?"
Leavitt responded: "The strike conducted on September 2 was conducted in self-defense to protect Americans and vital United States interests. The strike was conducted in international waters and in accordance with the law of armed conflict."
Noting that exchange on social media, former Congressman Justin Amash, a Michigan Republican, said: "This is not how self-defense works. Everyone understands that self-defense requires an immediate physical threat and proportionality. Repelling a missile attack with a missile is self-defense. Blowing up boats hundreds of miles from US shores is not. This isn't complicated."
"This is not how self-defense works... Repelling a missile attack with a missile is self-defense. Blowing up boats hundreds of miles from US shores is not.
Ryan Goodman, a former Pentagon special counsel who's now a New York University law professor and Just Security coeditor-in-chief, also weighed in. "This has got to be one of [the] most painful responses to watch," he said, also pointing out that "the 'law' Leavitt cites is utterly irrelevant (self-defense is non sequitur, it's not armed conflict, and 'no survivors' is a crime)."
"Part of the pain in watching that response is knowing how the reported patently illegal orders will affect US service members," Goodman added, referring to a new Just Security essay by Mark P. Nevitt, a retired judge advocate general who is now an associate law professor at Emory University.
Notably, Trump suggested last month that Democratic members of Congress who previously served in the US military and intelligence agencies and recently warned service members of their duty not to comply with illegal orders should be hanged. The Pentagon has since threatened to court-martial one of them: Sen. Mark Kelly (D-Ariz.), a retired US Navy captain.
Asked by CBS News senior White House correspondent Weijia Jiang about Hegseth's reported spoken directive to kill everybody on the boat. Using Trump's preferred term for the Defense Department's leader, she said: "I saw that quoted in a Washington Post story. I would reject that the secretary of war ever said that. However, the president has made it quite clear that if narco-terrorists... are trafficking illegal drugs toward the United States, he has the authority to kill them, and that's what this administration is doing."
According to a CNN timeline, from September 2 to November 15, at least 22 US boat strikes killed 83 people and left two survivors who were initially taken onto a warship but ultimately returned to their home countries of Colombia and Ecuador.
So far, Congress has failed to advance war powers resolutions intended to stop Trump's boat-bombing spree. However, since the Post reporting, top Democrats on both the US House and Senate Armed Services Committees have promised vigorous oversight.
Following Leavitt's remarks on Monday, the New Republic's Greg Sargent said that "it's doubly relevant that Adm. Bradley is in talks about briefing the House Armed Services Committee," and pointed to his new interview with Congressman Adam Smith (D-Wash.), the panel's ranking member.
The congressman told Sargent he will pressure GOP members of the committee, including Chair Mike Rogers (R-Ala.), to "use whatever leverage is available to us to try to get answers," including subpoenaing top civilian and military officials.
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Smith also discussed the reporting during a weekend appearance on MS NOW. Posting a clip of it on social media Monday, he declared that "Americans want to live in a constitutional republic, not an authoritarian dictatorship."
Meanwhile, Senate Minority Leader Chuck Schumer (D-NY) said on the chamber's floor Monday that "I don’t think we have ever seen someone so unserious, so childish, so obviously insecure serving as secretary of defense as Pete Hegseth—and that should alarm every single one of us."
Schumer called on Hegseth to release the tapes "that would show exactly what happened during these military strikes," and to "come before the Congress to testify under oath about the nature of his order, the evidence supporting the strikes, and an explanation for what the goals are in Venezuela."
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