US strikes on suspected drug boats have people asking, 'What's a war crime?' Let's Get the Facts
The U.S. military continues its operations against suspected "narco" vessels moving through the coastal waters of Latin America.
But a September strike near Venezuela is now at the center of growing scrutiny — raising a question by many members of the public and lawmakers on both sides: Could the attack be considered a war crime?
The debate intensified after Defense Secretary Pete Hegseth, Navy Admiral Frank Bradley, and several members of Congress received a briefing on the incident.
In September, U.S. forces targeted a boat suspected of drug trafficking. After the initial missile strike, a second missile was launched — killing individuals who survived the first explosion.
That second strike is what has raised alarm among some lawmakers, legal scholars and members of the public about whether that second strike was a war crime.
Let's get the facts on what a war crime is.
During an armed conflict, all participating parties must follow international humanitarian law, a set of rules developed through major treaties such as the Geneva Conventions and Hague Conventions.
These treaties establish what is — and is not — permissible during war.
Acts commonly defined as war crimes include torture, taking hostages, deliberately targeting civilians, and attacking individuals who are not posing a threat.
Violations can lead to penalties ranging from fines and prison time to, in extreme cases, the death penalty. Prosecutions can occur in national courts or international bodies such as the International Criminal Court.
A key factor: War crimes apply when in an official state of war, and in the United States, an official war must be declared by Congress.
Legal experts say that the traditional definition of "war crime" may not apply, even if the actions appear similar to wartime violations. However, there are still international laws that govern the use of lethal force outside of declared war. Among them are rules that prohibit killing individuals who do not pose an immediate threat. Violations of these norms may fall under a different category altogether — crimes against humanity.
