New York City Bar Association on Unlawful Attacks on Venezuelan Vessels

This September, President Donald J. Trump ordered U. S. military strikes against three private Venezuelan-flagged vessels on the high seas, killing at least 17 individuals and severely damaging or sinking those vessels. A fourth attack, which killed at least four more people, was carried out on October 3. None of these attacks was authorized under U.S. law and, as explained below, each of them appears to be an unlawful summary execution prohibited by both U.S. and international law. Although the President has, without proof, characterized the victims as “terrorists” and drug traffickers, that claim, even if true, provides no justification for these unlawful executions. Even if, as recently reported, the President has communicated to Congress that he has “determined” that the United States is in an “armed conflict” with drug cartels, absent congressional authorization of these military actions, they remain unlawful…

Because the recent attacks on Venezuelan vessels and their crews were unauthorized by U.S. law and in violation of binding international law, they were illegal summary executions – murders. It is imperative that Congress act promptly, as pending legislation proposes, to make clear to the President and the nation that the President’s threat of similar attacks on Venezuelan vessels (and on Venezuela itself) are unlawful and must not be repeated. Only by doing so can Congress bring our nation into compliance with the Constitution and international law, reduce the risk of hostilities with neighboring countries and assure that similar abuses of Presidential power do not expand to American shores.

https://www.nycbar.org/press-releases/unlawful-attacks-on-venezuelan-vessels/