Strikes on the high seas still have laws. And the arguments being made to bypass those laws are some of the same arguments that could also technically be used to bypass some of the rules of striking drug cartel terrorists (now that they are defined as terrorists) on US soil.
Sure, they would have more restrictions to bypass to do that on US soil. But then are you saying, they can bypass laws when you think it's ok? And should laws be something that become subjective to the point that they can just ignore them if they think it shouldn't be the law? And should the determination of the validity of those laws be interpreted by whoever is President?
The facts are:
1. The U.S. has never treated purely criminal drug traffickers as terrorists to justify military force.
2. No U.S. president has used offensive military force against drug criminals without Congressional authorization.
3. The U.S. has never initiated military strikes on non-state actors without claiming an imminent threat or self-defense.
4. It is the first time the U.S. has used lethal force on the high seas against drug traffickers without attempting arrest/interdiction first.
5. It is unprecedented for the U.S. to rely on a newly invented legal category (“narcotics terrorism”) to justify lethal force.
6. It’s the first time the justification used abroad could be directly applied to U.S. soil.
International Law of the SEA:
A state
cannot use military force against another state or on the territory of another state
except in two circumstances:
- Self-defense against an armed attack (Article 51)
- With explicit U.N. Security Council authorization
On the high seas:
- All states have freedom of navigation.
- A state may only interfere with foreign vessels under very specific conditions (piracy, slavery, stateless vessels, illegal broadcasting).
- Force must be necessary and proportionate, and normally must be preceded by interdiction, boarding, or inspection.