Reply to Hegseth Ordered Second Strike to Kill Caribbean Boat Survivors

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]Just a friendly reminder to Trump’s henchmen:

The POTUS may enjoy limited immunity for actions he takes in his capacity as POTUS.

You don’t.

Just ask Oliver North. [/quote]

I really do not believe you understand the current situation.

A boat in international waters that is not running a national flag is categorized in international law the same way a pirate is. Such boats have absolutely no national or international protections, and you cannot commit a war crime against them.
A vessel in international waters is required under UNCLOS to sail under the flag of a specific nation. If it does not, it is legally considered a stateless vessel. A stateless vessel has no right to the protections normally afforded to ships under a national flag, including immunity from interference by other states.

UNCLOS Articles 92, 94, 110, and customary maritime law spell out the consequences clearly:

1. Stateless vessels have no sovereign protection. A flagged ship is an extension of its flag-state’s sovereignty. A stateless vessel is not. This matters because “war crimes” presuppose protected persons or protected property. A stateless vessel is legally unprotected.

2. Any state may stop, board, search, seize, or disable, a stateless vessel. UNCLOS Article 110 explicitly authorizes boarding and seizure. The law does not require states to risk their own personnel or assets while doing so. Disabling a vessel that refuses inspection, including firing on it, is legally permitted under both UNCLOS and long-established state practice.

3. War crimes require an armed conflict. You cannot commit a “war crime” outside an armed conflict. War crimes occur only within the context of international humanitarian law (IHL). Enforcing maritime law against a stateless vessel is a law enforcement action, not an IHL situation.
No armed conflict = no war crime possible.

4. Lethal force may be used when a vessel refuses lawful orders. The International Maritime Organization’s “Use of Force” guidance for maritime interdiction recognizes that disabling fire, even lethal force, is lawful when a vessel refuses lawful boarding, attempts to flee, poses a threat, or engages in illicit activities such as piracy or narcotics trafficking.
Once again: law enforcement rules apply, not IHL.

5. Sinking a stateless vessel is not prohibited by UNCLOS. UNCLOS permits seizure of a stateless vessel and leaves the means entirely to the enforcing state so long as necessity and proportionality are respected. If the vessel flees, attacks, or refuses lawful commands, sinking it is legally permissible. Many states routinely do this to drug-smuggling vessels (e.g., semi-submersibles) without it ever being treated as a war crime.

6. No flag = no jurisdictional shield. The entire reason international law requires ships to fly a flag is to prevent this exact situation. Flagless vessels are legally vulnerable by design.
Because a stateless vessel has no protected status, because UNCLOS authorizes interdiction of such vessels, because lethal force may be used in maritime law enforcement when necessary, and because war crimes require an armed conflict that is not present here, sinking an unflagged ship in international waters is not a war crime.[/quote]

Mike drop.[/quote]

So, murder then?[/quote]

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