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The latest initiative under U.S. President Donald Trump’s anti-drug strategy has sparked a significant debate over the implications of international law, particularly when it comes to targeting individuals abroad without trial. This campaign raises critical questions about the legalities of such actions on foreign soil.
In a recent statement, Hegseth emphasized the administration’s firm stance against drug trafficking, declaring that “narco-terrorists aiming to poison our shores will find no refuge anywhere in our hemisphere.” This assertion follows an earlier incident this month where another vessel was intercepted in the ongoing efforts.
Despite these strong declarations, concerns linger about the balance between national security interests and adherence to international norms. One expert noted that the U.S. often places greater emphasis on the former, cautioning that merely having a legal opinion does not inherently legitimize actions that may otherwise be deemed illegal.
Joseph pointed out that the secretive nature of the legal frameworks in question makes it difficult for observers to fully assess their validity and authenticity. “The classified status of these documents certainly constrains public evaluation of their thoroughness and trustworthiness,” he remarked.
Nonetheless, she argued that on the matter of extraterritorial application, the U.S. stands largely alone. “I believe the principle of extraterritorial application is well-established and beyond dispute,” she explained, indicating that most nations hold a different view on this contentious issue.
Lawyer: Strikes illegal under international law
“However, it is very much in the minority among States on that issue; I believe extraterritorial application is well-established and no longer arguable,” she said,
Law of the sea
Rothwell said there is no legal basis under the law of the sea for these US strikes on alleged drug boats.
Australia is a “persistent supporter” of the law of the sea, he said, and is a party to the 1982 UN Convention on the Law of the Sea, a document which codifies legal principles.
Strikes have potential to be crimes against humanity
While a single murder is “very unlikely” to be classified as a crime against humanity, Joseph said that as the strikes continue and increase, the argument that they constitute crimes against humanity becomes stronger.
