James' World 2

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Before we go any further, it’s important to define our terms. This newsletter is going to focus on the laws of war, not a related concept called rules of engagement. The laws of war reflect the mandatory, minimum level of lawful conduct, and all soldiers are legally obligated to obey them at all times and in all conflicts.

Rules of engagement are rules devised by commanders that are often more restrictive than the laws of war. For example, when I was in Iraq, our rules of engagement sometimes kept us from attacking lawful targets, in part because we wanted to be particularly careful not to inflict civilian casualties.

In my service, we were often frustrated by the rules of engagement. We did not, however, question the laws of war.

There are now good reasons to believe that the U.S. military, under the command of President Trump and Hegseth, his secretary of defense, has blatantly violated the laws of war. On Nov. 28, The Washington Post reported that Hegseth issued a verbal order to “kill everybody” the day that the United States launched its military campaign against suspected drug traffickers.

According to The Post, the first strike on the targeted speedboat left two people alive in the water. The commander of the operation then ordered a second strike to kill the shipwrecked survivors, apparently — according to The Post — “because they could theoretically call other traffickers to retrieve them and their cargo.” If that reporting is correct, then we have clear evidence of unequivocal war crimes — a no quarter order and a strike on the incapacitated crew of a burning boat.

And if it’s true, those war crimes are the fault not of hotheaded recruits who are fighting for their lives in the terrifying fog and fury of ground combat but rather of two of the highest-ranking people in the American government, Hegseth and Adm. Frank M. Bradley, the head of Special Operations Command — the man the administration has identified as the person who gave the order for the second strike.

My colleagues in the newsroom followed on Monday with a report of their own, one that largely mirrored The Post’s reporting, though it presented more evidence of Hegseth’s and Bradley’s potential defenses. Hegseth, our sources said, did not order the second strike, and the second strike might have been designed to sink the boat, not kill survivors.

But if that’s the explanation, why wasn’t the full video released? The administration released limited video footage of the first strike, which created the impression of the instant, total destruction of the boat and its inhabitants. Now we know there was much more to see.

At the same time, Hegseth and the Pentagon have offered a series of puzzling and contradictory statements. Sean Parnell, the Pentagon spokesman, told The Post that its “entire narrative was false.”

Hegseth weighed in with a classic version of what you might call a nondenial denial. In a social media post, he said the Post report was “fabricated, inflammatory, and derogatory,” but rather than explain what actually happened (and make no mistake, he knows exactly what happened), he followed up with an extraordinary paragraph:

As we’ve said from the beginning, and in every statement, these highly effective strikes are specifically intended to be “lethal, kinetic strikes.” The declared intent is to stop lethal drugs, destroy narco-boats, and kill the narco-terrorists who are poisoning the American people. Every trafficker we kill is affiliated with a Designated Terrorist Organization.

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Illustration by George Douglas; source photographs by Douglas Sacha and SENEZ/Getty Images

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