Families of two Trinidadian nationals, who were killed in a missile strike ordered by the Trump administration, have filed a lawsuit against the U.S. government. This legal action, initiated on October 14, 2023, claims that the attack constitutes a war crime and is part of an “unprecedented and manifestly unlawful U.S. military campaign.” The strike, which resulted in the deaths of six individuals, has drawn significant scrutiny regarding its legality and justification.
The lawsuit represents a notable first, as it addresses wrongful death claims stemming from the more than three dozen boat strikes conducted by the Trump administration since September in the Caribbean Sea and eastern Pacific Ocean. Government officials have characterized these strikes as essential for combating drug trafficking, yet many legal experts argue that they violate established laws of armed conflict.
Legal representatives for the families assert that the attacks were executed without congressional authorization and during a period devoid of military conflict that would justify such lethal measures. The complaint states, “These premeditated and intentional killings lack any plausible legal justification. Thus, they were simply murders, ordered by individuals at the highest levels of government and obeyed by military officers in the chain of command.”
The U.S. Department of Defense has refrained from commenting on the ongoing litigation. The lawsuit was filed by the mother of Chad Joseph and the sister of Rishi Samaroo, who were reportedly fishing off the Venezuelan coast when the missile struck their boat. The families maintain that neither man was affiliated with any drug cartel and were merely returning home to Las Cuervas, a fishing community in Trinidad and Tobago, after a day of fishing.
According to the lawsuit, “These killings were wrongful because they took place outside of armed conflict and in circumstances in which Mr. Joseph and Mr. Samaroo were not engaged in activities that presented a concrete, specific, and imminent threat of death or serious physical injury.” The plaintiffs argue that non-lethal measures could have been used to address any perceived threat effectively.
The death toll attributed to these boat strikes has now increased to at least 126 individuals, including those presumed dead after being lost at sea. This figure was confirmed by the U.S. military, which reported that at least 116 people were killed immediately in the strikes, with an additional ten presumed dead due to the failure to locate them after the attacks.
This lawsuit is the first of its kind to challenge the legality of the boat strikes in a federal court. Jen Nessel, a spokesperson for the Center for Constitutional Rights, stated that the organization is also pursuing a Freedom of Information Act lawsuit to obtain the legal justification for the strikes.
As the case unfolds, it raises critical questions about the legal frameworks governing military engagement and the accountability of state actions in international waters. The outcome may set significant precedents for future military operations and their legal scrutiny.
