Extract from ABC News
Family members of Chad Joseph believe he was unlawfully killed by the US military missile strike. (Reuters: Andrea de Silva)
In short:
The Trump administration's military campaign of striking boats in the Caribbean and Pacific oceans is facing its first legal challenge through the US courts.
Families of two men, Chad Joseph and Rishi Samaroo, allege the pair were murdered while returning to the Caribbean island nation of Trinidad during a strike on October 14 last year.
The Trump administration has previously framed the attacks as being a war against drug cartels.
Family members of two men killed in a US missile strike against a suspected drug boat near Venezuela have filed a wrongful death lawsuit, alleging the pair were murdered in a "manifestly unlawful" military campaign targeting civilian vessels.
Civil rights lawyers filed the lawsuit in Boston's federal court, marking the first court challenge to one of the 36 US missile strikes on vessels in the Caribbean Sea and Pacific Ocean authorised by President Donald Trump's administration that have killed more than 120 people since September.
Family members of Chad Joseph and Rishi Samaroo — two Trinidadian men who were among six killed during an October 14 strike — allege in the lawsuit that the two men did fishing and farm work in Venezuela and had been returning to their homes in Las Cuevas, Trinidad when they were attacked.
"These are lawless killings in cold blood; killings for sport and killings for theatre, which is why we need a court of law to proclaim what is true and constrain what is lawless," Baher Azmy, a lawyer for the plaintiffs at the Center for Constitutional Rights, said in a statement.
Family members of Chad Joseph say he was a fisherman and reject allegations he was involved in drug smuggling. (Reuters: Andrea de Silva)
His group and the American Civil Liberties Union filed the novel lawsuit under the Death on the High Seas Act, a maritime law that allows family members to sue for wrongful deaths occurring on the high seas, and the Alien Tort Statute, a 1789 law that allows foreign citizens to sue in US courts for violations of international law.
The lawsuit was filed by Lenore Burnley, Mr Joseph's mother, and Sallycar Korasingh, Mr Samaroo's sister, and seeks only damages from the US government for the two deaths, not an injunction that would prevent further strikes.
But the case could provide an avenue for a court to assess whether the October 14 strike was legal.
The Pentagon did not immediately respond to a request for comment.
The Trump administration has framed the attacks carried out under US Defense Secretary Pete Hegseth's direction as a war with drug cartels, alleging they were armed groups.
It has said its attacks comply with international rules known as the law of war or the law of armed conflict.
But the attacks have drawn scrutiny from Democrats and some Republicans in US Congress, which has not authorised attacks on the drug cartels, and condemnation from human rights groups.
Legal experts have previously said the drug cartels do not fit the accepted international definition of an armed group.
Donald Trump and Pete Hegseth's strikes on vessels in the Pacific Ocean and Caribbean Sea are facing their first legal test. (Reuters: Jonathan Ernst)
Tuesday's lawsuit argues that the killing of Mr Joseph and Mr Samaroo outside of an armed conflict, while they were not taking part in military hostilities against the US amounted to murder and should be deemed a wrongful death on the high seas and an extrajudicial killing under international law.
"If the US government believed Rishi had done anything wrong, it should have arrested, charged, and detained him, not murdered him," Ms Korasingh said in a statement.
"They must be held accountable."
Legal experts have previously said the drug cartels do not fit the accepted international definition of an armed group.
Reuters
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