International Criminal Liability and U.S. Boat Attacks in the Pacific and Caribbean

U.S. nationals may face prosecution under international law for attacks on suspected drug-carrying boats, even after the capture of Venezuelan President Nicolás Maduro. The International Criminal Court's jurisdiction could extend to these incidents if the vessels were registered to member states like Venezuela, regardless of the attacks occurring in international waters. While the U.S. claim of an armed conflict with a drug cartel was previously weak, the recent raid against Maduro could now establish the necessary link to an international armed conflict. This development potentially exposes U.S. personnel to war crimes charges under the Rome Statute, in addition to possible crimes against humanity.