Consider This from NPR Trump calls alleged smugglers 'unlawful combatants'. That term has a history.
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Nov 2, 2025 Scott Anderson, a former U.S. diplomat and legal expert at the Brookings Institution, dives into the contentious term 'unlawful combatant'. He discusses its post-9/11 usage to justify indefinite detention and its recent application by the Trump administration against drug smugglers. Anderson explains the historical implications of the term, questioning its legal appropriateness for current military actions. He also highlights concerns about limited protections for individuals labeled this way and the potential for indefinite detention without fair trials.
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Old Label, New Purpose
- The term "unlawful combatant" was used after 9/11 to justify indefinite detention without trial at Guantanamo Bay.
- Reintroducing the term now signals an attempt to liken unrelated actions to the war on terror and expand executive authority.
Not A War, But Framed Like One
- Legal experts largely reject applying the law of armed conflict to these boat strikes because this is not a war.
- Scott Anderson warns calling suspected smugglers "unlawful combatants" masks the real legal and moral issues and risks normalizing military violence against civilians.
Legal Constraints Remain Strong
- Two decades of Supreme Court rulings and legislation constrain attempts to recreate post-9/11 detention practices.
- The Trump administration would face significant legal obstacles if it tried to deny standard protections now.