A U.S. Justice Department logo or seal showing Justice Department headquarters, known as “Main Justice,” is seen behind the podium in the Department’s headquarters briefing room before a news conference with the Attorney General in Washington, January 24, 2023. REUTERS/Kevin Lamarque Purchase Licensing Rights , opens new tab

WASHINGTON, Nov 12 (Reuters) – The Justice Department has provided a legal justification that makes clear that U.S. military personnel involved in strikes against suspected drug-trafficking vessels are immune from prosecution, three sources told Reuters on Wednesday.

Since early September, the U.S. 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. Legal experts and Democratic lawmakers have questioned the legality of the strikes and many say they do not adhere to the laws of war.

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 U.S. troops for following orders it says are legal.

DOJ SAYS STRIKES CONSISTENT WITH LAWS OF CONFLICT

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, but is facing increasing skepticism from allies over U.S. military operations in the Caribbean.

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.

But the strikes dramatically depart from the traditional approach of using the U.S. Coast Guard to intercept maritime drug shipments and prosecute traffickers in court.

U.S. allies have raised repeated questions about the legality of the strikes.

France is worried about U.S. military operations in the Caribbean because they violate international law, Foreign Minister Jean-Noel Barrot said on Tuesday.

Reporting by Jana Winter and Idrees Ali. Additional reporting by Andrew Goudsward Editing by Rod Nickel

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