El portal NBC News reported that the Southern Command's "chief military lawyer" expressed legal concerns regarding the Trump administration's plans to use lethal force against suspected drug-trafficking vessels in the Caribbean Sea.
The text states that according to "6 sources" the jurist would have disagreed about the "legality" of the attacks, however, his opinions were dismissed.
"The chief military lawyer for the combat command that oversees lethal strikes against suspected drug-trafficking ships near Venezuela disagreed with the Trump administration's position that the operations are legal, and his views were sidelined, according to six sources with knowledge of the legal advice," the news report states.
The lawyer, who works as a senior judge counsel general, or JAG in military jargon, at U.S. Southern Command in Miami, raised his legal concerns in August, before the attacks began in September, according to two senior U.S. officials, two senior congressional aides, and two former senior U.S. officials.
Their opinion was ultimately dismissed by senior government officials, including officials from the Justice Department's Office of Legal Counsel, the six sources said.
Extrajudicial executions
The report also indicates that "other military lawyers and lawyers of various ranks also commented on the attacks on the vessels. It is unclear what their opinions were, but some of the military lawyers, both civilian and military, also expressed concern to senior officials in their units and the Department of Defense about the legality of the attacks, according to two senior congressional aides and a former senior U.S. official."
The Judge Advocate General (JAG) of the Southern Command is responsible for providing legal advice on military matters, interpretation of international law, laws related to armed conflicts, as well as expressing legal opinions.
In the case of attacks on vessels, the JAG specifically expressed concern that attacks against people on ships in the Caribbean Sea and the eastern Pacific Ocean, whom administration officials call “narco-terrorists,” could constitute extrajudicial killings, the six sources said, and therefore legally expose service members involved in the operations.
The opinion of the chief legal advisor to the command in charge of a military operation is often crucial in determining whether or not it proceeds. While high command can overrule these advisors, it is rare for operations to move forward without considering their recommendation, the report states.
The Pentagon denies illegality
However, Pentagon spokesman Sean Parnell stated: “The Department of War categorically denies that any Pentagon lawyer, including those at Southern Command (SOUTHCOM), with knowledge of these operations, expressed concerns to lawyers in the chain of command about the legality of the strikes conducted to date, as they know we operate within the law. Our current operations in the Caribbean are lawful under both U.S. and international law, and all our actions are fully compliant with the law of armed conflict.”
