On September 2, the Trump administration announced that the military had conducted a lethal strike against what it said was a drug smuggling vessel in the Caribbean, killing eleven people. On September 15, the administration announced that it had done it again, killing three. Given that the U.S. is not at war with Venezuela and the Trump administration has publicly provided no evidence that either of the boats or their passengers posed any threat of violence to the United States, these actions were a summary execution of civilians, authorized by the President of the United States in direct violation of the right to life under international human rights law.
One of the hallmarks of authoritarian practices is to use the military to commit human rights violations.
These strikes on 14 civilians are only the latest and most brazen example of how President Trump has directed the U.S. military to carry out unlawful actions that violate human rights, apparently for no other purpose than consolidating and flaunting his power.
In June, President Trump called in the Marines and the National Guard against protesters in California over the objections of the state’s governor, who had made clear that local law enforcement could sufficiently address any threats to public safety.
In August, he called the National Guard into Washington, D.C.—including bringing in thousands of troops from other states—and went further, taking control of the Washington, D.C., Metropolitan Police Department, claiming a “crime emergency” even though crime has actually decreased in D.C. over the past two years, and violent crime was at a 30-year low. Although Congress did not authorize the extension of this federal power over the D.C. Metropolitan Police, the National Guard remains deployed, and the president has said he plans to take similar actions in Chicago, Memphis, New York and other cities led by Black Democratic mayors.
Since taking office in January, President Trump has threatened to use the military to invade Mexico, Canada and Greenland, and to forcibly seize the Panama Canal. He’s openly considered bombing drug cartels in Mexico, and claims—without evidence—that drug cartels were the target of his lethal strikes in Venezuela.
Meanwhile, President Trump threw a $450 million military birthday party for himself on June 14—also, conveniently, the 250th birthday of the US Army.
The President is following up his threats and costly displays with deadly actions.
President Trump has already leaned heavily on the military—including in instances where he has bypassed Congress completely to carry out military operations, like the launch of a barrage of air strikes in March against the Houthi armed group in Yemen—with apparent disregard for the civilians living there.
Trump’s unauthorized “Operation Rough Rider” reportedly led to hundreds of civilian casualties and cost US taxpayers more than $1 billion. And although the parties in May declared a ceasefire, the fighting could resume at any time.
No Congressional Authorization
The use of the military without authorization from Congress represents a concerning disregard for the rule of law, in which President Trump is acting unilaterally, weakening or simply ignoring any oversight that could hold him accountable for human rights abuses and violations of international humanitarian law. And as in the case of unauthorized strikes in Yemen and in Latin America, the human rights harm is stark.
The U.S. military has reportedly killed and injured hundreds of civilians in Yemen, including dozens of civilians detained at a migrant detention center in late April. The U.S. military so far has not acknowledged any civilian casualties, although it has said it will investigate.
If the Trump administration can carry out unlawful strikes in Yemen or kill Venezuelan civilians with impunity, it can carry out deadly military actions anywhere—including within our own borders.
Let’s be clear: even if Congress were to authorize such strikes—which it has not—they would be unlawful under international law. There is simply no legal justification for targeting and killing civilians who do not pose an imminent threat to human life, and where less extreme means, such as capture, are available. President Trump’s resumption of attacks—and the secrecy that surrounds them are particularly alarming because it is happening at the same time that the Trump administration is claiming that the United States is under “invasion” and declaring groups of (civilian) immigrants to be “enemies.” This is the language of armed conflict and war—and President Trump has already invoked extraordinary authorities, such as the Alien Enemies Act, to justify deploying the military against migrants.
While the military is generally barred from deployment domestically under the Posse Comitatus Act, on April 11, President Trump announced his plans to circumvent that restriction by turning a strip of federal land along the U.S. southern border into a massive “National Defense Area,” effectively creating a new 170-square-mile U.S. military installation.
The plan was described in a National Security Presidential Memorandum (NSPM-4), titled “Military Mission for Sealing the Southern Border of the United States and Repelling Invasions.” The effort would create a military district twice the size of Washington, D.C., while expanding the U.S. military’s role in stopping migrants crossing the border.
Both President Trump’s disregard for the law in launching lethal attacks on civilians and his misuse of the Alien Enemies Act—as well as the Trump administration’s general increased militarization of the U.S.-Mexico border—should be a concern to all of us. These are authoritarian actions that flout the law for the president’s personal and political purposes.
Congress must investigate and take all actions within its power to hold this administration accountable.
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This blog is part of a series exploring how increasing authoritarian practices impact human rights across a variety of issues. Learn more.