CIA scrutinizes its power to employ deadly force against illicit drug networks.
The CIA Contemplating Deadly Action Against Drug Cartels
In a shifting landscape, the CIA is mulling over the potential use of lethal force against drug cartels, both in Mexico and beyond, as part of the Trump administration's new focus on taking down these criminal entities. A US official and three individuals briefed on the matter confirm this development.
It is crucial to note that this review does not signify that President Donald Trump has issued a direct order for the CIA to engage in hostile actions against the cartels. Instead, the review serves to help the agency understand the legal landscape of various activities it might undertake, as well as the associated risks, the sources clarify.
This affirmation underscores the seriousness with which the Trump administration is contemplating the possibility of utilizing counterterrorism tools against drug cartels. Concerns have been raised that employing these methods in a nation not traditionally associated with such operations could result in a higher risk of collateral damage to American citizens than comparable ventures in the Middle East, being miles away from US soil.
One of the issues lawyers at the CIA are examining is the agency's and its officers' liability if an American is accidentally killed during any operation.
The Trump administration earlier this year designated several cartels as foreign terrorist organizations – a maneuver some current and former US officials believe is geared to establish a justification for lethal action. Moreover, the CIA is already utilizing armed surveillance drones over Mexico, capable of striking targets if needed.
The CIA has remained tight-lipped on the matter, while CNN could not determine whether the effort was initiated by the White House, CIA Director John Ratcliffe, or whether it was prompted as a prudent planning measure in response to clear signals from the Trump administration that it seeks to bolster pressure on the cartels.
A former CIA official who has expertise in crafting such reviews opined that the agency, faced with potentially significant negative repercussions for its operations, would want to double-check that the proposed actions are legal and that there is a clear, authoritative directive.
"Just because something is legally permissible under the law of armed conflict doesn't mean it's something you should do," this person stated, referring to protocols governing warfare between nations. "There's an ethical component. There's a practical component. There's a pragmatic component."
Authority to Use Lethal Force
The CIA possesses the legal power to carry out lethal strikes or provide targeting information or assistance to another nation to execute a lethal strike, provided it is duly authorized by the President and adheres to the U.S. rules and regulations governing armed conflict.
However, implementing such actions against drug cartel members in a region where there is a substantial number of American citizens and green card holders – individuals who might potentially file lawsuits if harmed – represents uncharted territory for the CIA.
According to one of the individuals briefed on the review, "It's not a question of whether they can or cannot use lethal force. They can. It's more about the implications of Americans being potentially injured or killed based on their broader presence in the space."
Collateral damage could have far-reaching consequences for any partner nation that permits the CIA to conduct direct actions inside its borders or offers intelligence support for the nation to carry out its own lethal operations, as retaliation from the cartels could create significant political challenges.
Additionally, former officials have voiced concerns about the risks of retaliation from cartels, some of which maintain a presence within the United States.
This contemplated action by the CIA is tinged with the memory of the George W. Bush administration's "enhanced interrogation" program, which lawmakers and the Obama administration later deemed to be torture. In that instance, former officials noted, the agency pushed its operations to the limit of what they believed was legal under the law of armed conflict. Critics, however, contend that the agency and the administration exceeded legal boundaries.
This kind of review, the individuals briefed on the matter said, signifies an awareness that the agency might be held accountable for any actions it takes against drug cartels – especially if there is blowback – and that such actions must meet key criteria, such as being proportionate to the threat posed by the cartels, under the law of armed conflict.
The US intelligence community's annual threat assessment, published last month, listed drug cartels as the top concern for the first time in its nearly 20-year history. Still, many current and former national security officials argue that while cartels are a significant problem, they are not an existential threat to the country.
"I think it's very understandable that people are mindful of [the history of 'enhanced interrogation'] to the extent that they actually don't believe we're in a crisis," one of the former officials commented.
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Overall
The CIA's deliberations over engaging in lethal force against drug cartels involve intricate legal and ethical implications, potential risks, and careful consideration of collateral damage, retaliation, and diplomatic consequences. While the CIA has the authority to employ deadly force, the risks and complexities of this operation necessitate a comprehensive legal and strategic review.
- Collateral Damage: The potential for collateral damage, particularly to American citizens, is a significant concern, leading to possible diplomatic and legal repercussions.
- Retaliation from Cartels: The cartels' capacity for retaliation, including violence within the US, remains a top concern for officials.
- Diplomatic Fallout: The potential use of lethal force could strain relationships with alliance partners, raise questions about sovereignty, and impact international cooperation on counter-terrorism efforts.
In essence, while the CIA has the capacity to use lethal force, the risks, complexities, and potential consequences necessitate a thorough and cautious approach to ensure any actions are legal, strategically sound, and justified.
- The review conducted by the CIA on the use of lethal force against drug cartels is focusing on the risks associated with potential collateral damage to American citizens, as deliberations over such actions could lead to diplomatic and legal repercussions.
- Aware of the potential for retaliation from drug cartels, many former officials have expressed concerns about the risks posed by the cartels operating within the United States, with such retaliation being a significant concern for current officials.
- The contemplation of employing counterterrorism tools against drug cartels may result in diplomatic fallout, as the use of lethal force against such entities could strain relationships with alliance partners, raise questions about sovereignty, and impact international cooperation on counter-terrorism efforts.
