The Justice Department has provided a legal justification that makes clear that US military personnel involved in strikes against drug-trafficking vessels are immune from prosecution, three sources told Reuters on Wednesday.
Since early September, the US military has carried out at least 19 strikes against suspected drug vessels in the Caribbean and off the Pacific coast of Latin America, killing at least 76 people.
A source familiar with the matter, who was speaking on the condition of anonymity, said the Justice Department’s Office of Legal Counsel had drawn up a classified legal opinion.
It is not rare nor surprising that the Justice Department would have a legal opinion protecting US troops for following orders it says are legal.
The news was first reported by The Washington Post, which said that the opinion was part of a nearly 50-page document.
In a statement, a Justice Department spokesperson said the strikes were, "consistent with the laws of armed conflict, and as such are lawful orders."
"Military personnel are legally obligated to follow lawful orders and, as such, are not subject to prosecution for following lawful orders," the spokesperson added. The Trump administration has previously said it has "every authorization needed" for the strikes.
Last month, Reuters reported that President Donald Trump had told Congress that the United States is engaged in "a non-international armed conflict" with drug cartels.
(Reporting by Jana Winter and Idrees Ali. Additional reporting by Andrew Goudsward Editing by Rod Nickel)