Three days earlier, on 2 September, he was reported to have given a verbal order for a drone strike against two unidentified men desperately hanging on to the smoking pieces of their shattered boat in the Caribbean after nine members of their crew had already been blasted. “Kill everybody,” was the order, according to the Washington Post on 28 November. It was the first of 21 strikes that the Pentagon states have so far killed 82 people who are said to have been “narco-terrorists”, though their identities are unknown. Hegseth denied knowledge of the second strike.
Can’t say I’m in favour of either the first or the second strike myself. But that’s not the point here.
The question of whether Hegseth had committed a criminal act was immediately raised in response to the Post report in a statement issued on 29 November by the Former Jags Working Group, which “unanimously considers both the giving and the execution of these orders, if true, to constitute war crimes, murder, or both. Our group was established in February 2025 in response to SECDEF’s firing of the army and air force judge advocates general and his systematic dismantling of the military’s legal guardrails. Had those guardrails been in place, we are confident they would have prevented these crimes.”
This international war crimes law is really very clear. If you’re not at war – meaning declared war against a sovereign state – then you cannot commit war crimes.
Murder is obviously possible, piracy is not – piracy is by definition something done by a non-state actor. Genocidal crimes are obviously possible and so on. But war crimes require there to be a war.
Sidney Blumenthal, former senior adviser to President Bill Clinton and Hillary Clinton,
Unbiased source there, right?