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"If this happened as described in the Post report, it was, at best, a war crime under federal law. I say 'at best' because, as regular readers know, I believe the attacks on these suspected drug boats — without congressional authorization, under circumstances in which the boat operators pose no military threat to the United States, and given that narcotics trafficking is defined in federal law as a crime rather than as terrorist activity, much less an act or war — are lawless and therefore that the killings are not legitimate under the law or armed conflict," the attorney wrote.
McCarthy goes even further, suggesting that, "even if you buy the untenable claim that they are combatants, it is a war crime to intentionally kill combatants who have been rendered unable to fight. It is not permitted, under the laws and customs of honorable warfare, to order that no quarter be given — to apply lethal force to those who surrender or who are injured, shipwrecked, or otherwise unable to fight."