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Under the plans Mr. Hegseth had approved, Admiral Bradley interpreted the purported communications between the initial survivors and colleagues as meaning that the survivors were still in the fight, rather than shipwrecked and helpless people whom it would be a war crime to target. The Pentagon's law of war manual says that "to be considered 'shipwrecked,' persons must be in need of assistance and care, and they must refrain from any hostile act." A U.S. naval commander handbook says combatants "qualify as shipwrecked persons only if they have ceased all active combat activity." The Pentagon's defense of its actions rests heavily on the premise that there was a "fight" in the first place. In defending the campaign of summary killings at sea as lawful, the administration has relied on Mr. Trump's disputed determination that the United States is in a formal armed conflict with drug cartels and that people suspected of smuggling drugs for them are "combatants." A still-secret memo by the Justice Department's Office of Legal Counsel accepts Mr. Trump's claims about the nature of drug cartels and that there is an armed conflict. Based on that premise, it concludes that the boat strikes are lawful. One of its key related conclusions, according to people who have read it, is that suspected cargos of drugs aboard boats are lawful military targets because cartels could otherwise sell them and use the profits to buy military equipment to sustain their alleged war efforts. The Pentagon's emphasis on the purported radio communications appears to rely on that logic. The idea appears to be that without a second strike, another boat could have come to retrieve not only the survivors but also any of the alleged shipment of cocaine that the first blast did not burn up, so calling for help was a hostile act.
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1 Under the plans Mr. Hegseth had approved, Admiral Bradley interpreted the purported communications between the initial survivors and colleagues as meaning that the survivors were still in the fight, rather than shipwrecked and helpless people whom it would be a war crime to target. 2 The Pentagon's law of war manual says that "to be considered 'shipwrecked,' persons must be in need of assistance and care, and they must refrain from any hostile act." 3 A U.S. naval commander handbook says combatants "qualify as shipwrecked persons only if they have ceased all active combat activity." 4 The Pentagon's defense of its actions rests heavily on the premise that there was a "fight" in the first place. 5 In defending the campaign of summary killings at sea as lawful, the administration has relied on Mr. Trump's disputed determination that the United States is in a formal armed conflict with drug cartels and that people suspected of smuggling drugs for them are "combatants." 6 A still-secret memo by the Justice Department's Office of Legal Counsel accepts Mr. Trump's claims about the nature of drug cartels and that there is an armed conflict. 7 Based on that premise, it concludes that the boat strikes are lawful. 8 One of its key related conclusions, according to people who have read it, is that suspected cargos of drugs aboard boats are lawful military targets because cartels could otherwise sell them and use the profits to buy military equipment to sustain their alleged war efforts. 9 The Pentagon's emphasis on the purported radio communications appears to rely on that logic. 10 The idea appears to be that without a second strike, another boat could have come to retrieve not only the survivors but also any of the alleged shipment of cocaine that the first blast did not burn up, so calling for help was a hostile act.