Former ICC Prosecutor Raises Concerns Over US Maritime Operations
Luis Moreno Ocampo, the former Chief Prosecutor of the International Criminal Court (ICC), has stated that US air strikes targeting alleged drug smuggling vessels could be classified as crimes against humanity under international law.
These comments emerge as the Trump administration faces scrutiny regarding the legality of its operations in the Caribbean Sea and Eastern Pacific. These operations have reportedly resulted in at least 66 fatalities over the past two months.
Administration's Position and Ocampo's Legal Interpretation
The Trump administration asserts that its actions constitute a formal armed conflict against South American traffickers involved in drug importation into the United States.
Conversely, Mr. Moreno Ocampo characterized the military campaign as a planned, systematic attack against civilians during peacetime. He specified that individuals on the targeted boats are considered criminals and civilians, not combatants. He further stated that while criminal behavior warrants investigation and prosecution, the use of lethal force against these individuals aligns with the definition of crimes against humanity.
White House Response and Historical Context
The White House responded by stating that President Donald Trump's actions were consistent with the laws of armed conflict, aimed at safeguarding the US from cartels. The administration reiterated that the ICC lacks jurisdiction over the United States and referred to the court as a "biased" entity. A White House Deputy Press Secretary publicly criticized the ICC's assessment of the President's actions.
Mr. Moreno Ocampo, an Argentine lawyer known for his role in the 1985 prosecution of Argentina's military junta and as the ICC's first chief prosecutor (2003-2012), described the strikes as a significant expansion of presidential authority to use lethal force. He noted a departure from historical practices where alleged drug boats were intercepted and suspects incarcerated.
The United States is not a signatory to the Rome Statute, which established the ICC, and has previously imposed sanctions on ICC judges. Mr. Moreno Ocampo reiterated his position that a systematic attack against a civilian population constitutes a crime against humanity, regardless of whether the individuals are also involved in criminal activity, and cited President Trump's statements about planned operations as indicative of systematic action.