The Pentagon faces accusations of war crimes following new revelations about the first lethal strike in President Donald Trump’s campaign against alleged drug smuggling across the Caribbean and eastern Pacific Ocean. The first lethal strike on Sept. 2, 2025, used a secret U.S. military aircraft painted to resemble a civilian plane and carrying hidden weapons, according to a report in The New York Times, which The Washington Post confirmed.
The attack killed 11 people and sparked an internal debate over whether the mission complied with the laws of war.
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Disputed legal basis for the boat campaign
The administration says the boat strikes are lawful because Trump declared that the United States is in an “armed conflict” with 24 criminal gangs and drug cartels, allowing suspected traffickers on small vessels to be treated as combatants.
However, legal experts warn that even under those wartime rules, the operation may have crossed the line into war crimes. Experts told The Post that disguising a U.S. attack aircraft as a civilian plane to approach and kill people on the boat fits the definition of “perfidy” — a violation of the laws of war that forbid feigning civilian status to lower an adversary’s guard.
Critics also argue the strikes are war crimes because the people on the boats posed no imminent threat.
How the Sept. 2 strike unfolded
Officials who viewed or were briefed on video of the strike said that the unmarked aircraft flew low enough to be seen from the boat before it opened fire. The officials have also said footage later showed two survivors on an overturned hull apparently waving toward the plane before a second strike killed them and sank the wreckage.
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Since September 2025, at least 35 U.S. strikes against alleged drug boats in South American waters have killed more than 100 people.
The Post, citing multiple officials, said the plane is part of an Air Force fleet painted in civilian schemes, with munitions launched from inside the plane so no weapons were visible.
In a statement, Pentagon press secretary Kingsley Wilson said all U.S. military aircraft go through a “rigorous procurement process” to ensure they comply with U.S. policy and the law of armed conflict.
“The U.S. military utilizes a wide array of standard and nonstandard aircraft depending on mission requirements,” Wilson said.
White House spokeswoman Anna Kelly said the strike was aimed at “narcotics trafficking and violent cartel activities.”
“The strike was fully consistent with the law of armed conflict,” Kelly said.
Defense Secretary Pete Hegseth approved the plan, and Adm. Frank M. Bradley, the strike commander, ordered the second strike after consulting a military lawyer, who later defended the decision to lawmakers.
Internal backlash and shift in tactics
Questions about perfidy have reportedly surfaced in closed-door congressional briefings with military leaders, adding to scrutiny of the follow-on strike on the two survivors. The Times reported that, after the September mission, the military shifted to using recognizably military aircraft such as MQ-9 Reaper drones for later boat attacks.
The Post said some Pentagon officials worried the Sept. 2 operation had “burned” a classified capability by revealing a disguise normally reserved for more sensitive missions.
According to The Times, the boat-strike campaign has now killed at least 123 people in 35 attacks.
