Trump Declares "Armed Conflict" with Drug Cartels: Legal Justification for Military Strikes off Venezuela Coast

President Donald Trump has notified Congress that the United States is engaged in "a non-international armed conflict" with drug cartels, according to a document justifying recent lethal strikes on vessels off Venezuela's coast.

The document, reviewed by Reuters on Thursday, was presented to lawmakers by Pentagon's chief legal counsel as questions arise about the legality of destroying suspected drug boats rather than capturing the vessels and their operators.

In the past month, the U.S. military has destroyed at least three suspected drug boats, resulting in approximately 17 fatalities. Critics view these actions as another instance of Trump testing the boundaries of presidential authority. The document classifies those killed as "unlawful combatants."

The notification appears to offer no new legal justification beyond what Trump and his supporters have publicly stated—arguments that some former military legal experts claim fail to meet requirements under international war law.

It remains unclear whether this determination is intended to provide grounds for future military operations against cartels or primarily to explain recent actions.

On Tuesday, Trump mentioned his administration is considering attacking drug cartels "coming by land" in Venezuela, potentially raising additional legal questions.

According to the document, Trump has determined that drug cartels function as non-state armed groups whose activities "constitute an armed attack against the United States."

"The President determined that the United States is in a non-international armed conflict with these designated terrorist organizations," the document states.

"The President directed the Department of War to conduct operations against them pursuant to the law of armed conflict," it continued, using Trump's preferred terminology for the Defense Department.

The Pentagon did not immediately respond when asked for comment.

Legal experts have questioned why military forces are conducting these strikes instead of the Coast Guard, the primary U.S. maritime law enforcement agency, and why alternative methods to stop these shipments aren't attempted before resorting to deadly force.

Mark Nevitt, a former Navy lawyer now teaching at Emory University School of Law, wrote: "Applying a new label to an old problem does not transform the problem itself – nor does it grant the U.S. president or the U.S. military expanded legal authority to kill civilians."

The Trump administration has defended the strikes, arguing they send a clear message to drug cartels, which were designated as terrorist organizations earlier this year.

Speaking to senior military leaders in Quantico, Virginia this week, Trump justified the strikes by claiming each boat carries enough narcotics to kill 25,000 people. He also suggested the strategy is effectively reducing drug trafficking through Caribbean waters.

"Now we have a problem. General Caine says, sir, there are no boats out there, not even fishing boats. They don't want to go fishing," Trump stated, referring to General Dan Caine, Chairman of the Joint Chiefs of Staff.

"I don't blame them. There'll be no fishing today, you know. But it's amazing what strength will do," Trump added.

Senator Jack Reed of Rhode Island, the leading Democrat on the Armed Services Committee, criticized the administration for failing to provide Congress with credible justification or intelligence supporting these actions.

"Every American should be alarmed that their president has decided he can wage secret wars against anyone he calls an enemy," Reed said in a statement.