ANALYSIS | Trump 'determines' that the US is in an 'armed conflict' with narco-terrorist cartels

President Donald Trump determined that the United States is in an "non-international armed conflict" with drug cartels, which his Administration has classified as terrorist organizations.

This statement, detailed in a confidential notice sent to Congress this week, legally justifies recent military attacks against ships in the Caribbean and grants the Executive extraordinary powers typical of wartime.

The notice, sent to several legislative committees and obtained by The New York Times, expands the legal justification for three military operations ordered by Trump last month. In these strikes, U.S. forces destroyed suspected drug-smuggling vessels, resulting in the deaths of 17 people on board. The Administration argues that these were not killings, but lawful actions in a context of armed conflict, where suspected smugglers are considered "unlawful combatants."

Furthermore, the document states that “the President directed these actions consistent with his responsibility to protect Americans and United States interests abroad and in furtherance of United States national security and foreign policy interests, pursuant to his constitutional authority as Commander in Chief and Chief Executive to conduct foreign relations".

The legal framework

According to the document, Trump has "determined" that cartels involved in drug trafficking are "non-state armed groups" whose activities "constitute an armed attack against the United States." This invokes the concept of "non-international armed conflict" in international humanitarian law, originally designed for civil wars or clashes with non-state actors, such as the one the U.S. waged against Al Qaeda after the attacks of September 11, 2001.

In an armed conflict, international law allows a state to kill enemy combatants without posing an imminent threat, detain them indefinitely without trial, or prosecute them in military tribunals.

In that regard, the Trump Administration consistently points to the approximately 100,000 annual overdose deaths in the U.S. -primarily from fentanyl - as evidence of a "cumulative attack" against the nation, justifying the response.

In addition, the notice published by the New York Times, describes a specific attack on September 15, in which Special Operations eliminated three people on a boat, labeling them as "unlawful combatants" affiliated with a terrorist organization. "This attack resulted in the destruction of the vessel, illicit narcotics and the death of approximately three unlawful combatants," the text reads.

Trump administration determined to combat drug trafficking

The Trump administration is stepping up its anti-drug campaign with possible air strikes against targets linked to drug trafficking in Venezuela, according to White House sources cited by NBC News.

The Republican approach to combating drug cartels includes the use of drones to attack criminal leaders and drug laboratories, although Trump has not yet authorized these actions, which could occur in the coming weeks.

At the same time, the U.S. maintains a policy of “maximum pressure” on Nicolás Maduro's regime, which it has repeatedly accused of flooding the country with drugs and sending criminals. Similarly, the Trump administration has raised the reward for Maduro to $50 million, while designating the Cartel de Los Soles and the Tren de Aragua gang as terrorist organizations.

Meanwhile, Maduro, in an attempt to ease the pressure, offered to collaborate with Trump in capturing leaders of the Tren de Aragua gang, according to Bloomberg. In a letter sent in September to U.S. envoy Ric Grenell, Maduro proposed direct dialogue to promote peace. However, the White House rejected the offer, calling Maduro's regime a “narco-terrorist cartel” and reaffirming that it will not negotiate with him.