What should we call it?
All of the talk about whether or not the killing of the two remaining men who survived the assault on the boat in the Caribbean is a “war crime” misses a very basic point. There is no “war.”
Our Constitution grants Congress the exclusive power to declare war, and that hasn’t happened. Congress also has the authority to regulate the seizure of enemy property. That hasn’t happened. While the president heads the armed forces he can take action only after Congress has authorized military force.
No one has declared war on the U.S. There is no threat of an invasion. If importation of drugs is an issue, it has been happening for decades. It is a problem for law enforcement agencies and the courts, based on proper investigations, lawful arrests and due process, not indiscriminate and anonymous raids by military personnel.
Maybe these boats were carrying drugs, maybe not. We’ll never know. What we do know is that without warning, without any attempt at interception, without any offer to surrender, and without there being any imminent threat to any other human being, a U.S. military aircraft or drone destroys the boat and however many people are on it with no accountability.
Someone has unilaterally declared “war,” and as a result all bets are off, all constitutional, legal, and human rights have been nullified. Close to 100 people have died, and there seems to be no end in sight.
What has been happening here is murder, pure and simple. In all future discussions we need to call it for what it is.