No. of Recommendations: 8
U.S. Attacked Boat With Aircraft That Looked Like a Civilian Plane
Even accepting the Trump administration’s claim that there is an armed conflict with suspected drug runners, the laws of war bar “perfidy.”
The Pentagon used a secret aircraft painted to look like a civilian plane in its first attack on a boat that the Trump administration said was smuggling drugs, killing 11 people last September, according to officials briefed on the matter. The aircraft also carried its munitions inside the fuselage, rather than visibly under its wings, they said.
The nonmilitary appearance is significant, according to legal specialists, because the administration has argued its lethal boat attacks are lawful — not murders — because President Trump “determined” the United States is in an armed conflict with drug cartels.
But the laws of armed conflict prohibit combatants from feigning civilian status to fool adversaries into dropping their guard, then attacking and killing them. That is a war crime called “perfidy.”
Retired Maj. Gen. Steven J. Lepper, a former deputy judge advocate general for the United States Air Force, said that if the aircraft had been painted in a way that disguised its military nature and got close enough for the people on the boat to see it — tricking them into failing to realize they should take evasive action or surrender to survive — that was a war crime under armed-conflict standards.
