U.N. Special Rapporteur Ben Saul says the boat strikes are extrajudicial killings that may be crimes against humanity

U.N. Special Rapporteur on human rights while countering terrorism, writing in an individual capacity in a briefing note

“It finds that such attacks amount to serial extrajudicial killings in violation of the right to life, being unjustified in national or personal self-defence or under international humanitarian law, the international law of the sea, narcotics suppression conventions, or international counter-terrorism law. … even assuming that the vessels and crew attacked were members of the criminal groups listed as terrorist, such organizations have not mounted any “armed attack” on the United States so as to trigger a right of self-defence. … There are reasonable grounds to believe that the reported 68 attacks that killed 223 people constituted crimes against humanity of murder under customary international law.”
Read the original text (opens in a new tab)Killing “Narco-Terrorists” at Sea: The Legality of Military Attacks on Criminal Groups and Drug Trafficking under International Human Rights Law and Other Applicable International LawIntroduction; paragraphs 3 and 4 (Part A); paragraph 23 (Part 6)
Read the original post (opens in a new tab)Ben Saul post on X releasing his briefing note, September 20, 2026Full X post, published September 20, 2026 at 23:31 UTC
Open source (opens in a new tab)US strikes on alleged drug boats may constitute ‘crimes against humanity’, UN expert says · The GuardianParagraphs 3 to 9
Open source (opens in a new tab)US strikes on alleged drug boats could be crimes against humanity, says UN · BBCFull article

Source and context

Original text

Killing “Narco-Terrorists” at Sea: The Legality of Military Attacks on Criminal Groups and Drug Trafficking under International Human Rights Law and Other Applicable International Law (opens in a new tab)Introduction; paragraphs 3 and 4 (Part A); paragraph 23 (Part 6)

About this source

Briefing note by the U.N. Special Rapporteur assessing the U.S. strikes on alleged drug boats from September 2025 to August 2026 under international law. The OHCHR web page for the note lists it as published on September 15, 2026, and Saul posted it on X on September 20.

Archived copy (opens in a new tab)

Original post

Ben Saul post on X releasing his briefing note, September 20, 2026 (opens in a new tab)Full X post, published September 20, 2026 at 23:31 UTC

About this source

Saul's own post releasing the briefing note, with a link to the OHCHR document.

Reporting

US strikes on alleged drug boats may constitute ‘crimes against humanity’, UN expert says (opens in a new tab) · The GuardianParagraphs 3 to 9

About this source

Guardian report on Saul's briefing note. It reports that Saul posted the note on social media on Sunday night, quotes Southern Command's statement, and says the State Department had not responded to a request for comment.

Reporting

US strikes on alleged drug boats could be crimes against humanity, says UN (opens in a new tab) · BBCFull article

About this source

BBC report on Saul's briefing note. It quotes Southern Command's September 19 statement and Saul's conclusions and says the BBC asked the White House and the State Department for a response.

Archived copy (opens in a new tab)

Before the quotation

Saul posted the briefing note on September 20, the day after Southern Command announced the September 19 strike. The note counts U.S. strikes through August 2026.

After the quotation

The BBC reported that it asked the White House and the State Department for a response, and The Guardian reported that the State Department had not responded to a request for comment. As of September 25, 2026, we could not locate a public response from the State Department or the White House that refers to the note.

How this statement is classified

Condemned

Responding to: Ben Saul said that, even assuming the vessels and crews attacked were members of criminal groups the United States lists as terrorist organizations, those groups have not mounted an armed attack on the United States that would justify self-defense, and that there are reasonable grounds to believe the 68 attacks he counted through August 2026 were crimes against humanity of murder.

The label describes this statement’s response within the context above.

Why this label?

Measured against the September 19 strike and its stated basis, Saul rejects the justification for lethal force even if the crews belonged to groups the United States lists as terrorist organizations. That is an express condemnation of the strikes, which goes beyond disputing how the boats or crews are described.

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