In a recent statement, Senator Tim Kaine, a Democrat from Virginia, expressed grave concerns regarding a reported follow-on strike by the U.S. on an alleged drug smuggling vessel in the Caribbean. During his appearance on CBS's Face the Nation, Kaine asserted that if the reports are accurate, the actions could constitute a war crime, violating both the Department of Defense's laws of war and international humanitarian laws.
The Washington Post reported that the initial strike, which took place on September 2, was ordered under the guidance of Defense Secretary Pete Hegseth. According to the report, Hegseth allegedly instructed to "leave no survivors," prompting a subsequent strike that resulted in the deaths of two individuals who were in the water. Hegseth has since dismissed the report as "fabricated, inflammatory, and derogatory," maintaining that the operations conducted in the Caribbean are lawful under both U.S. and international laws.
Targeting civilians, or even wounded members of the armed forces, is explicitly prohibited under the Geneva Conventions. These international treaties mandate that the wounded be collected and provided care. A group of former military lawyers has stated that the reported follow-on strike could infringe upon both international and domestic laws. In response to the serious allegations, the leaders of the House and Senate Armed Services Committees have pledged to investigate the matter thoroughly.
Since the first strike, the U.S. has conducted nearly two dozen boat strikes across the Caribbean and eastern Pacific Ocean. Kaine has articulated to CBS News’ chief White House correspondent, Nancy Cordes, that legislators are demanding clarity on multiple fronts concerning these strikes. They seek to confirm whether the individuals on board were indeed drug traffickers, the rationale behind opting for strikes instead of interdiction, and the legal justification for the operations. Kaine noted, "We had to pry with a crowbar after weeks and weeks out of the administration for the supposed legal rationale for the strikes at international waters. It was very shoddy."
Senator Kaine emphasized the need for Congress to assert its authority over military actions, stating that the president should not be able to unilaterally wage war without legislative approval, as outlined in the Constitution. He has previously attempted to pass war powers resolutions aimed at limiting the president's ability to conduct strikes against Venezuela, garnering support even from some Republicans.
In a related development, former President Donald Trump recently posted on Truth Social, declaring that Venezuela's airspace should be considered "CLOSED IN ITS ENTIRETY." This statement comes as the Biden administration intensifies pressure on Venezuelan President Nicolas Maduro, with indications that military action, possibly including ground operations, may soon be on the table.
Kaine mentioned that should ground action occur, the dynamics within the Senate would likely shift. He indicated his intention to file a war powers resolution immediately if military action takes place. "The circumstances have changed in the months since we had that vote," Kaine remarked, underscoring that recent revelations, particularly regarding the alleged "kill everyone" order from Secretary Hegseth, could rally more Congressional support for renewed motions.
Joining the discussion, Rep. Mike Turner, a Republican from Ohio who serves on the Armed Services Committee, stated that Congress currently lacks confirmation regarding the reported follow-on strike. He emphasized the seriousness of such an action, agreeing that if it did occur, it would be classified as an illegal act.