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Even if they WERE gang members, civilized nations do not shoot civilians.
They could have boarded the ship and detained them, but they chose violence.
They even admitted they could've interdicted the boat, but chose to kill them instead.
It was 100% absolutely, unquestionably a war crime.
And even if Trump is immune, the rest of those involved are NOT. Some of them are lawyering up, because war crimes can carry a death penalty.
Is it still a war crime without a war? I'm not trying to split hairs or justify the crime, just wondering about definitions. A quick search didn't really clarify it. Violation of international law, absolutely. And who would prosecute? I don't think the US has allowed itself to be subjugated to any international court.
You're correct, the ICC's jurisdiction has never been recognized by the US, or a bunch of other countries for that matter. They could still prosecute individuals and convict them, but the US wouldn't hand them over, and it's not likely that anyone would attempt to come get them.
There is a pretty large number of ICC fugatives from all over the world, notably Russian and Israeli officials. Afaik, France and the UK are the only two UN members with veto power that recognize the ICC's official jurisdiction.
It technically may not even be a breach of international law, since the US is one of the few countries that did not ratify UNCLOS, the law that would apply in international waters. The US was evil for a long time and refused to sign anything that would hold them even symbolically accountable. This did not start with Trump. He just went mask off.
Only one soldier ever faced consequences for the My Lai massacre and he only got three and a half years of house arrest, so it’s not like we care that much about war crimes anyway.