(This is not an armed conflict.)
www.nytimes.com/2025/12/03/u...
A shipwrecked survivor of a Hellfire missile strike on his small burning vessel is supposed to do... what, exactly, to show he is not "in the fight"?
When there is no war, applying the law of war is an exercise in absurdity.
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See section entitled, "Applying International Human Rights Law to the Alleged Facts" in this article written by @mikeschmitt.bsky.social @tessbridgeman.bsky.social and me
See section entitled, "Applying International Human Rights Law to the Alleged Facts" in this article written by @mikeschmitt.bsky.social @tessbridgeman.bsky.social and me
This entire exercise is an absurd, imaginary world for legal experts.
That's because the truth is:
It's not an armed conflict.
The laws of war thus don't apply.
The more restrictive rules of human rights apply.
It's extrajudicial killing under that law.
This entire exercise is an absurd, imaginary world for legal experts.
That's because the truth is:
It's not an armed conflict.
The laws of war thus don't apply.
The more restrictive rules of human rights apply.
It's extrajudicial killing under that law.
But transporting/working on war-sustaining objects does not equal "active combat activities."
The 11 were civilians, and retrieving cocaine would not make the 2 less than shipwrecked.
But transporting/working on war-sustaining objects does not equal "active combat activities."
The 11 were civilians, and retrieving cocaine would not make the 2 less than shipwrecked.
The fact that the DOJ/USG wants to call these cocaine boats legitimate "war-sustaining" military targets, makes this new explanation fall apart.
The fact that the DOJ/USG wants to call these cocaine boats legitimate "war-sustaining" military targets, makes this new explanation fall apart.
They're digging themselves in worse.
They're digging themselves in worse.
It's legally ludicrous to claim (as Hegseth et al would need to argue) that such conduct equals a failure to "cease all active combat activity."
Navy/Marines/Coast Guard Commander's Handbook:
It's legally ludicrous to claim (as Hegseth et al would need to argue) that such conduct equals a failure to "cease all active combat activity."
Navy/Marines/Coast Guard Commander's Handbook:
That's the definition of being shipwrecked and helpless.
The whole point of a legal prohibition on killing people who are shipwrecked is that they must be rescued or left to be rescued instead.
That's the definition of being shipwrecked and helpless.
The whole point of a legal prohibition on killing people who are shipwrecked is that they must be rescued or left to be rescued instead.
The U.S. military could try to kill shipwrecked survivors if "they took what the United States deemed to be a hostile action, like communicating with suspected cartel members."
The U.S. military could try to kill shipwrecked survivors if "they took what the United States deemed to be a hostile action, like communicating with suspected cartel members."