Craig Martin

The New York Bar Association (@nycbarassociation.bsky.social) today issued a statement condemning the unlawful extra-judicial killing of alleged Venezuelan drug smugglers on the high seas:

The Guardian (@theguardian.com) should know better than this - the US gov’t characterizing as an armed conflict its extra-judicial killing of drug smugglers on the high seas, does not make it so. Media should not legitimize the false claim.
www.theguardian.com/...

"Non-international armed conflict" is the term used to describe conflict between a state and an organized armed group, as opposed to conflict between 2 or more states. But to be such an armed conflict, it must satisfy certain established conditions - which are not close to being met here.

But this attempt to employ the law of armed conflict to legitimize killing people characterized as "unlawful combatants" is the logical conclusion of arguments and policy moves made during the Global War on Terror during the Bush Administration - and was precisely warned against at the time. 2/2

Trump officials push claim that US in ‘armed conflict’ with drug cartels Administration attempts to justify strikes on alleged Venezuelan drug boats by claiming US under ‘armed attack’

The US is not in an armed conflict with drug cartels. That must be determined by reference to specific legal principles, not created by a Presidential "declaration". Otherwise, the US could simply declare an armed conflict with the Mafia, a union, or political party.1/2

Draft Bill Would Authorize Trump to Kill People He Deems Narco-Terrorists Potential legislation circulating in the executive branch and Congress would grant President Trump sweeping military powers.

A domestic law purporting to provide the President with legal authority to summarily kill drug traffickers on the high seas will not make it lawful under international law. It will still constitute the unlawful extrajudicial killing of civilians.

There are no legal questions to speak of - as Schmitt notes, lethal force against individuals outside of armed conflict is governed by the criminal and human rights law standards - which are not close to being met here. This is unlawful extrajudicial killing.

Thanks for the comment - Modern cartels may "blur the line" when they engage in large scale hostilities against the state, as in Mexico and Colombia - but that is not remotely the case here. And there was no "host-country" issue here - they were killed on the high seas.

Proving Genocide This week, a UN commission of inquiry found that Israel is committing genocide in Gaza. NGOs and various other bodies have of course made that finding before. Proving genocide, in Gaza or elsewhere, invariably turns on proving the specific intent of the perpetrators. In this post, I do not want to get into the Gaza […]

This post by @profmarkovic.bsky.social on @ejiltalk.bsky.social provides an excellent analysis of the legal standards applicable to the crime of genocide, and an important perspective on when it does and doesn’t apply - all media should read it!

At long last....

Striking Drug Cartels under the Jus ad Bellum and Law of Armed Conflict Legal expert discusses laws of war and law on the resort to force in U.S. military action against Venezuela's Tren de Aragua.

Careful and detailed analysis by @mikeschmitt.bsky.social in @justsecurity.org, rejecting claims that US strike on drug-running vessel could be justified as 1) self-defense under jus ad bellum; or 2) IHL within context of an armed conflict.

Israel launches airstrikes against top Hamas members in Qatar for Gaza ceasefire talks Hamas says six were killed but its leadership survived the attack, which the US says ‘does not advance Israel or America’s goals’

The Israeli strike on Doha is almost certainly a violation of the prohibition against the use of force in Art. 2(4) of the U.N. Charter, and cannot be justified as self-defense. It should be condemned.

To clarify any lingering confusion, the law of armed conflict (LOAC)/international humanitarian law (IHL) could not operate to legitimize this strike on a drug-running vessel. There is no armed conflict, and so LOAC/IHL simply does not apply. Period. It is extra-judicial killing.

The IPC Famine Review Committee Report on famine in Gaza, published yesterday:
www.ipcinfo.org/file...

ICC 'deplores' new US sanctions on its judges and prosecutors Secretary of State Marco Rubio denounces the court as "an instrument of lawfare" against the US and Israel.

US sanctions against ICC judges and prosecutors is an attack on the rule of law, period. If the international rule of law collapses the whole world will suffer, and Americans will come to rue their role in destroying it.

Must-read paper on the developments to date in the effort to establish a treaty on the prohibition, prevention, and punishment of crimes against humanity, by @leilasadat1.bsky.social, who has been central to that effort:
papers.ssrn.com/sol3...

The media are not addressing the legal issues - but the use of military force against cartels within the territory of another state, without its consent, would be a violation of the fundamental prohibition on the use of force in Art. 2(4) of the UN Charter.
www.nytimes.com/2025...

Interesting analysis of a German case that includes charges of using starvation as a method of warfare in Syria, and discussion of its significance as a precedent for this seldom prosecuted war crime:
lieber.westpoint.edu...

Climate | Department of Energy This report evaluates existing peer-reviewed literature and government data on climate impacts of greenhouse gas emissions and provides a critical assessment of the conventional narrative on climate change.

The DOE report: www.energy.gov/topic...

The U.S. Dept. of Energy has released a new report claiming that reducing GHG emissions will do more harm than good - we are truly in an Orwellian phase of disinformation. Link in the comments.

Saint Lucia High Court Decriminalizes Same-Sex Conduct In a landmark victory for human rights, Saint Lucia has decriminalized consensual same-sex conduct. The High Court’s decision strikes down laws that criminalized intimacy between same-sex partners, which are discriminatory and inconsistent with international human rights standards.

Having been raised in St. Lucia, I’m thrilled to see this. Justice is not in retreat everywhere.
www.hrw.org/news/202...

An annotated bibliography on Crimes Against Humanity just posted by Beth Van Schaak - will be hugely helpful to anyone doing work in this area (regrettably, there are so many case studies ongoing now...)
papers.ssrn.com/sol3...

This is just so profoundly perverse and morally wrong - America’s actions on climate are not just harming future generations of Americans, but threatening all of humanity.

Such secrecy and lack of transparency in the development and testing of solar geoengineering is unacceptable - and highlights again why stronger governance is needed:
www.politico.com/new...

The irony that Republican administrations are banning books, like 1984, that the CIA used to smuggle into Warsaw Pact countries to undermine communist totalitarianism.

www.nytimes.com/2025...

In reporting on the ICJ Advisory Opinion on Climate Change, the media keep parroting that it is "non-binding" - but this reflects a misunderstanding - there is no binding order, but the many fundamental obligations identified by the court are all very much binding!!
Journalists, please note.

Canada’s remarkable joint statement on the suffering in Gaza is a good first step Monday’s letter is evidence that key members of the international community are not content to stand by as the cruelty continues

Surprisingly powerful and scathing piece by former foreign minister and former attorney general, supporting Canada’s condemnation of Israeli conduct in Gaza:
www.theglobeandmail....

In sum, a more powerful articulation of obligations, duties, and legal consequences for violation, than many likely expected or hoped for - and many states (particularly the US under this Administration) have to now be on notice that they are in violation of these obligations. 17/17.

And finally, breaches entail the full range of legal consequences, including duties of performance, cessation of wrongful conduct and guarantees of non-repetition, duties of reparation for the injured, which may include restitution, compensation, or satisfaction...16/17

Even more powerful, the court held that the underlying obligations to protect the climate system are erga omnes obligations, and thus any state may invoke responsibility of another state for violation, even if only an injured state may claim reparations...15/17