Although it receives scant attention in the news cycle, the Trump administration’s attempt to crack down on drug smuggling from South America continues to present legal issues, as CERL Advisory Council Member Geoffrey Corn writes. He notes that despite administration officials’ attempts to classify the situation as one of armed conflict, which would justify the use of lethal force as a first resort, drug smugglers are not acting with the primary intent of inflicting harm on the United States. Instead, he argues, the rules of law enforcement operations and domestic criminal justice should apply, unless the conflict classification test can be fulfilled.

Geoffrey S. Corn is the George R. Killam, Jr. Chair of Criminal Law and Director of the Center for Military Law and Policy at Texas Tech University School of Law. A retired U.S. Army Judge Advocate Officer, he served as the Army’s senior law of war advisor. He is also a member of the CERL Advisory Council. Read his bio here.   

The views expressed here are the author’s own and do not necessarily represent those of any organization or university.