The Trump administration is attempting to justify recent military strikes on alleged Venezuelan drug boats by advancing a legal theory that the United States is now in a "non-international armed conflict", according to a person familiar with a notification to Congress.
The notification, provided by senior Pentagon officials, formed part of an effort to explain the legal arguments for the strikes, including a classified briefing to members of the Senate armed services committee on Wednesday. The strikes on three boats in the Caribbean last month killed 17 people and prompted widespread international outrage. The administration is required by law to report to Congress on the use of armed forces.
The New York Times reported that the administration's memo cites that statute and repeats past justifications that the strikes were carried out in self-defence and that the boats contained members of a Venezuelan drug gang. However, the memo also reportedly goes further, framing the attacks as part of a sustained conflict. It states that President Donald Trump has deemed drug-smuggling cartels as "non-state armed groups" whose actions "constitute an armed attack against the United States".
The administration has increased its military presence in the Caribbean in recent months, deploying ships and personnel to Puerto Rico. It has justified this as a necessary escalation to stem the flow of drugs, but some lawmakers and human rights groups have questioned the legality of the attacks. The notice to Congress represents an aggressive escalation in the drug war, which has increasingly focused on political targets and may be intended to pressure the Venezuelan government.
On Thursday, Venezuelan officials said they had discovered five US fighter jets flying about 46 miles (74km) from its Caribbean coast, according to CNN, citing the government and defence minister Vladimir Padrino López. Earlier this year, the administration designated several criminal groups as "terrorist" organisations, including Mexican cartels, MS-13, Tren de Aragua and the Cartel de los Soles.
The US has long accused President Nicolás Maduro of involvement in drug trafficking. It alleged earlier this year that Maduro directed Tren de Aragua, and used that as justification to expel hundreds of immigrants to a Salvadoran prison under the Alien Enemies Act, despite intelligence assessments finding little proof of a link. The US has raised its bounty for Maduro to $50m, and there is an active indictment in Manhattan federal court related to the Cartel de los Soles. A co-defendant and former senior Venezuelan military intelligence chief pleaded guilty to narco-terrorism earlier this year. The administration also claims the three targeted vessels were carrying members of Tren de Aragua with drugs destined for the US, though no proof has been provided. Fentanyl, however, typically arrives across the southern border from Mexico.
