The Washington Post is reporting that members of the US military were ordered to kill two survivors of a US attack on a vessel that the US alleges was used for running drugs.
There are a number of questions about this action which need to be answered. But I think that the Post did a great job of raising those questions. Many of those questions revolve around the status of the military action against these alleged drug running vessels: are these actions “acts of war”? President Trump defends these actions under his authority as Commander-in-Chief of the US military and that he is using forces against actors which threaten US national security. Most of those defenses are bogus and have been addressed in many other media sources.
But, for purposes of argument, let’s pretend that the US military action is justified by the principles of self-defense. Those arguments are used to justify the first use of force against these vessels.
But the second attack on the survivors clinging to wreckage is unquestionably a violation of the laws of war. The Geneva Convention is explicit:
GENEVA CONVENTION for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea of 12 August 1949
CHAPTER II Wounded, Sick and Shipwrecked
Article 12
Members of the armed forces and other persons mentioned in the following Article, who are at sea and who are wounded, sick or shipwrecked, shall be respected and protected in all circumstances, it being understood that the term “shipwreck” means shipwreck from any cause and includes forced landings at sea by or from aircraft.
Such persons shall be treated humanely and cared for by the Parties to the conflict in whose power they may be, without any adverse distinction founded on sex, race, nationality, religion, political opinions, or any other similar criteria. Any attempts upon their lives, or violence to their persons, shall be strictly prohibited; in particular, they shall not be murdered or exterminated, subjected to torture or to biological experiments; they shall not wilfully be left without medical assistance and care, nor shall conditions exposing them to contagion or infection be created.
Only urgent medical reasons will authorize priority in the order of treatment to be administered.
Women shall be treated with all consideration due to their sex.
We should remember that the Laws of War are generally unenforceable since the international organizations tasked with the enforcement (the UN Security Council, the International Court of Justice, and the International Criminal Court) are powerless to enforce the laws against powerful states. But the Laws of War rest upon the self-interest of states to protect their own people against unlawful acts. The United States would never want its wounded soldiers to be ruthlessly murdered, so it must adhere to a code of conduct that respects the similar status of its enemy’s soldiers. This code of conduct is frequently violated, but far less than one would expect. This self-interest is most potent with respect to civilians, but again, we have lots of evidence to suggest that it is far less than perfect.
Killing two wounded individuals in open seas is a blatant violation of this norm and it invites reciprocal actions by other states. We have already witnesse massive loss of civilian lives in the conflicts in Congo, Myanmar, Ukraine, and the Gaza Strip, and these actions should be soundly condemned. The report of Israeli Defense Forces killing two individuals in the West Bank who had their hands raised in surrender is further evidence of the erosion of this critical aspect of the Laws of War.
Nov. 27, 2025 incident in which two Palestinian men were killed during an operation in Jenin, in the occupied West Bank
There is a second important issue raised by the second missile attack. According to the Post, the military unit that carried out the attack was one of the US’s most elite troops. Whoever received the order to kill the wounded survivors should have refused the order. That the order was carried out suggests a stunning lack of discipline by very well-trained troops. The protections for wounded soldiers and civilians must be enforced. If not, then no war is being fought; it is murder and barbarous.
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