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A recent vote in the US Senate has implications for international law and the use of military force, a development keenly observed in Kenya given its own experiences with regional security interventions.
On Wednesday, October 8, 2025, the United States Senate voted against legislation that would have limited President Donald Trump's authority to use deadly military force against drug cartels. The vote, largely along party lines with 48 in favour and 51 against, was the first congressional deliberation on the Trump administration's military campaign targeting drug trafficking vessels in the Caribbean.
The White House has asserted that its operations have so far destroyed four vessels and resulted in at least 21 fatalities, effectively disrupting narcotics flow into the US. This military campaign follows President Trump's declaration that the US is in an "armed conflict" with drug cartels, which he has designated as "unlawful combatants" and "narco-terrorists."
The Trump administration initiated a naval buildup in the southern Caribbean in late August 2025, with the stated objective of combating drug trafficking. This move escalated in October 2025 when President Trump formally declared to Congress that the US was in a "non-international armed conflict" with drug cartels operating in the Caribbean.
Democrats and some Republicans have expressed unease regarding the administration's assertion of presidential war powers, questioning the legal justification and the specifics of how these strikes are conducted. Critics argue that these actions could redefine the use of lethal force by the US military and potentially violate international law.
The defeated legislation, a war powers resolution, would have mandated the President to seek congressional authorisation before conducting further military strikes against cartels. This aligns with the War Powers Resolution of 1973, which aimed to reassert congressional authority over declarations of war.
The Trump administration, however, maintains that its actions are legally justified under the law of armed conflict, viewing drug cartels as non-state armed groups whose activities constitute an armed attack against the United States. They have also designated several cartels as Foreign Terrorist Organizations (FTOs) and Specially Designated Global Terrorists, providing a basis for military intervention.
Senator Tim Kaine, a Virginia Democrat who championed the resolution, stated that the vote sends a message when a significant number of legislators object to the President's declaration of "armed conflict" with drug cartels. Senator Jack Reed, the top Democrat on the Senate Armed Services Committee, warned that the "slow erosion of congressional oversight is not an abstract debate about process; it is a real and present threat to our democracy."
Conversely, Secretary of State Marco Rubio reportedly urged Republican senators to vote against the legislation, arguing that the administration is treating cartels as governmental entities due to their control over parts of some Caribbean nations.
This development could have significant implications for international law and the precedent for using military force against non-state actors. Legal experts and human rights observers have raised concerns, describing some of the deadly attacks as "extrajudicial killings" and potential violations of human rights.
For Kenya, a nation that has undertaken military interventions in neighbouring Somalia to combat terrorism, the US approach to presidential war powers and engagement with non-state actors offers a pertinent case study. Kenya's own foreign policy emphasizes the protection of its sovereignty and regional stability, often involving military and diplomatic strategies in response to threats like Al-Shabaab.
A key uncertainty remains the full list of organisations the Trump administration has designated as "narco-terrorists" and targets for military strikes, as this list has not been fully disclosed to lawmakers. There are also ongoing questions regarding the legal framework for these operations and whether they align with international law.
Observers will be watching for further clarity from the White House on the legal justifications for its expanded military operations against cartels, as well as any potential challenges to these actions in domestic or international courts. The long-term impact on US foreign policy and its engagement with other nations on counter-narcotics efforts will also be crucial to monitor.
Kenya's military intervention in Somalia, known as 'Operation Linda Nchi,' provides a local context for understanding the complexities of deploying military force against non-state actors in pursuit of national security interests.
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