Updated

Updated · Washington Office on Latin America (WOLA) · Jul 24

U.S. Military Kills 221 in 63 Boat Strikes as Rights Report Calls Campaign Illegal

Updated

Updated · Washington Office on Latin America (WOLA) · Jul 24

U.S. Military Kills 221 in 63 Boat Strikes as Rights Report Calls Campaign Illegal

Q: What secret legal memo justifies lethal military strikes on unidentified boats in international waters without concrete proof of smuggling?

The memo in question is a still-secret Office of Legal Counsel opinion from the Justice Department, reportedly dated Sept. 5, 2025. According to the WOLA report and related court filings, the OLC memo argues that the United States is in a non-international armed conflict with certain criminal groups that the administration has designated as terrorist organizations. That theory is said to be the legal basis for Operation Southern Spear and for using lethal military force against boats in international waters even when officials have not publicly shown concrete proof that the vessels carried drugs or that those aboard were identified smugglers. What is publicly known is limited because the memo remains classified and has become the subject of a Freedom of Information Act lawsuit brought by the ACLU, NYCLU, and the Center for Constitutional Rights. Those groups say the administration has relied on the memo as its “working law” while keeping its reasoning secret. Court arguments and advocacy filings say the memo may also seek to shield officials and service members from future criminal liability for strikes that would otherwise be treated as unlawful homicides. So the direct answer is that the legal justification is not a public statute or treaty interpretation but a secret Sept. 5, 2025 DOJ Office of Legal Counsel memorandum asserting an armed-conflict theory against designated cartel or “narco-terrorist” groups.

3 articles · Updated · Washington Office on Latin America (WOLA) · Jul 24

A new WOLA report says U.S. forces have killed 221 people in 63 attack events since Sept. 2, 2025, striking 67 small boats in the Caribbean and eastern Pacific under Operation Southern Spear.
The report says the campaign relies on secret orders and a still-classified Justice Department memo, while officials publicly post strike videos but withhold targeting criteria, mission goals and a full accounting of attacks.
It argues many of those killed may have been unidentified passengers, migrants, fishermen or low-level couriers, noting only 3 survivors were reported recovered and 23 others were never recovered.
WOLA says the strikes have shown little effect on cocaine flows despite costs estimated at $647 million for Southern Spear alone and $4.7 billion for related operations through March 2026.
The group urges an immediate halt, release of the legal rationale and targeting rules, and accountability through U.S., foreign and international courts.