A controversial new White House legal memo justifies killing survivors of strikes on suspected drug boats by framing the vessels themselves as the primary target, Trump administration officials have confirmed.

This aggressive legal stance could reshape international anti-narcotics operations, potentially impacting how foreign navies patrol the waters off East Africa, a key transit route for illegal drugs. For Kenya, a nation grappling with its role as a major narcotics gateway, the precedent set by this US policy raises urgent questions about the future of maritime security in the Indian Ocean.

The new justification came to light after a US strike on September 2nd killed survivors of an initial attack on a suspected drug boat. White House Press Secretary Karoline Leavitt defended the follow-up strike, stating that the admiral who oversaw the operation, Frank Bradley, acted "well within his authority and the law, directing the engagement to ensure the boat was destroyed." Defense Secretary Pete Hegseth echoed this, noting the second strike "sunk the boat and eliminated the threat."

A Secret Memo Rewrites the Rules

The officials' language mirrors that of a classified Justice Department Office of Legal Counsel (OLC) memo. According to sources familiar with the document, the memo provides the legal cover for such lethal actions. Its reasoning is a significant departure from traditional law enforcement approaches to drug interdiction.

The memo reportedly argues that:

• Drug cartels are in an "armed conflict" with US allies in the region.
• Cocaine proceeds are used to fund this violence and buy weapons.
• Therefore, the US can use lethal force against unflagged vessels carrying cocaine as an act of "collective self-defense" to choke off cartel funding.
• Under this logic, destroying the boat is the primary military objective, and any deaths of those on board are considered combatant losses or collateral damage.

This reclassification from a criminal to a military issue has been criticized by legal experts, with some arguing the strikes could be considered extrajudicial killings if they are not occurring in a legitimate armed conflict.

Implications for Kenya's Coast

While the current US operations are focused on the Caribbean, this new doctrine could have far-reaching consequences. Kenya has been identified by international bodies as a critical transit hub for heroin, cocaine, and methamphetamine moving through Eastern and Southern Africa. Much of this traffic moves through the country's porous maritime borders.

International naval forces, such as the Combined Maritime Forces based in Bahrain, already patrol the Indian Ocean to counter piracy and smuggling. If the US applies this "destroy the boat" policy more broadly, it could influence the rules of engagement for all partner nations in these task forces. This raises the prospect of more violent confrontations with drug smugglers off the coasts of Mombasa and Lamu.

The shift comes as Kenya and its neighbours intensify their own efforts to combat narcotics. A recent report from the National Crime Research Centre detailed at least 19 major trafficking routes into Kenya from Ethiopia, Tanzania, and Uganda, highlighting the scale of the challenge facing local law enforcement. As the US adopts more aggressive military tactics, security analysts in Nairobi will be watching closely to see if these new rules of engagement spill over into the Indian Ocean, forever changing the war on drugs at Kenya's doorstep.