Defense Secretary Pete Hegseth has come under scrutiny following military strikes on vessels in the Caribbean, notably a double strike on September 2 that resulted in the deaths of individuals who were survivors of an earlier attack. Reports indicate that the second strike killed two individuals who lacked communication devices, leading to concerns about their status as legitimate military targets. This incident has drawn criticism from various quarters, including some Republican figures, who express discomfort with the implications of targeting survivors.

The legal framework surrounding these military actions is contentious. The Trump administration has sought to classify the situation as a 'non-international armed conflict' involving drug trafficking organizations, but experts argue that this rationale lacks a solid legal foundation. The Department of Justice's interpretations have faced criticism from legal scholars who contend that they do not meet the criteria necessary for declaring an armed conflict.

The classification of drug cartels as legitimate military targets has been challenged, particularly given the absence of evidence linking Venezuelan traffickers to significant fentanyl shipments to the United States. Critics describe the administration's claims regarding the threat posed by these cartels as overly broad and lacking specificity.

The Department of Defense Law of War Manual emphasizes protections for individuals who are wounded, sick, or shipwrecked, stating that targeting such individuals is prohibited. The justification for the strikes, which suggested that survivors could potentially call for assistance, has been criticized as a weak rationale that does not align with established legal standards.

In a related context, President Donald Trump criticized Democratic lawmakers for releasing a video asserting that military personnel have the right to refuse illegal orders, labeling their actions as 'seditious behavior.' This has led to discussions about potential disciplinary actions against Senator Mark Kelly (D-Ariz.) for his involvement in the video. Representative Jason Crow (D-Colo.), a retired Army Ranger and participant in the video, emphasized the obligation of military members to disobey unlawful orders, criticizing Hegseth for his perceived lack of qualifications in making serious military decisions.

Admiral Frank Bradley and General Dan Caine, leaders of the Joint Chiefs of Staff, recently met with lawmakers to discuss the implications of Hegseth's orders, which reportedly included directives to eliminate all individuals aboard the targeted ship. Senator Tom Cotton (R-Ark.) defended the strikes as lawful, reflecting a divide in perspectives on military engagement.

Senator Elissa Slotkin (D-Mich.), a former intelligence analyst, noted ongoing concerns regarding the administration's military practices, particularly in relation to troop deployment in domestic situations. She indicated that the recent strike further underscored the need for clarity and legal justification in military operations. Senator Kelly has called for a comprehensive hearing by the Senate Armed Services Committee to address these strikes and the broader implications of military orders under the current administration, particularly in light of past statements made by Trump regarding military engagement with civilians.

While bipartisan criticism has emerged regarding the nature of these strikes, Trump and Hegseth have not faced significant repercussions as investigations remain in preliminary stages, raising questions about the balance of oversight and accountability in military operations.