The White House provided a memo informing Congress that President Donald Trump determined the US “is in a non-international armed conflict” with Latin American cartels. The US attacked at least three ships in the Caribbean last month, alleging the vessels were operated by cartels.  

“Based upon the cumulative effects of these hostile acts against the citizens and interests of the United States and friendly foreign nations, the president determined that the United States is in a non-international armed conflict with these designated terrorist organizations,” the memo said. 

Secretary of State Marco Rubio has designated about a dozen Latin American cartels as foreign terrorist organizations. President Trump authorized the Department of War to take military action against designated cartels in international waters and on foreign soil. 

While Congress has not declared war or given Trump authorization to start an armed conflict with the cartels, the US has attacked three boats in the Caribbean that had departed Venezuela. The US claims the 17 people killed in those strikes were members of narco-terrorist cartels. 

Geoffrey S. Corn, a retired judge advocate general lawyer who was formerly the Army’s senior adviser for law-of-war issues, told the New York Times that the Trump administration lacked the authorization to wage war against cartels. “This is not stretching the envelope,” he said. “This is shredding it. This is tearing it apart.”

The memo, first published by the Times on Thursday, said the Department of War was only targeting “non-state armed groups.” However, Trump and Rubio have claimed that Venezuelan President Nicolas Maduro is the leader of a designated cartel. The State Department is offering a $50 million bounty on Maduro. 

The Times reported on Monday that Rubio was pushing for regime change in Venezuela. Caracas said on Thursday that five US warplanes flew near the country’s shores.