The Trump administration is advancing a novel legal theory that the United States is now in a 'non-international armed conflict' with drug cartels, according to a person familiar with a notification to Congress. The notification, provided by senior Pentagon officials, aims to justify recent US military strikes on alleged Venezuelan drug boats in the Caribbean.
The strikes, which took place last month, killed 17 people and sparked international outrage. The administration is required by law to report to Congress on the use of armed forces. The memo reportedly cites the relevant statute and repeats past justifications of self-defence, but also frames the attacks as part of a sustained conflict, stating that President Trump has deemed cartels as 'non-state armed groups' whose actions constitute an 'armed attack against the United States'.
The US military has increased its presence in the Caribbean, deploying ships and personnel to Puerto Rico. However, lawmakers and human rights groups have questioned the legality of the strikes. The notification represents an aggressive escalation in the US drug war, which has increasingly focused on political targets, particularly the Venezuelan government.
Venezuelan officials reported on Thursday that five US fighter jets were detected flying about 46 miles from its Caribbean coast. Earlier this year, the Trump administration designated several criminal groups, including Mexican cartels and Venezuelan gangs, as terrorist organisations. The US has long accused President Nicolás Maduro of involvement in drug trafficking, though intelligence assessments have found little proof of his links to Tren de Aragua.
The three targeted vessels were traversing the Caribbean, with administration officials claiming, without proof, that they carried Tren de Aragua members and drugs destined for the US. The administration has been adamant in escalating its fight against fentanyl trafficking, though fentanyl typically enters the US across the southern border from Mexico.
