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Former JAGs Say Hegseth's Alleged 'Kill Everybody' Order Could Amount to War Crimes

The Former JAGs Working Group issued a memo alleging Defense Secretary Pete Hegseth ordered a follow-up strike that killed survivors of a Sept. 2 naval operation and says those actions could constitute war crimes or murder. The memo cites Common Article 3 of the Geneva Conventions and the 1907 Hague Convention and urges Congress to investigate. Officials maintain the strikes were lawful and intended to disrupt narcotics trafficking; Hegseth denies the allegations. The administration has disclosed 21 strikes in the region, with at least 82 reported dead.

07:37 AM, 12/02/2025Conflict
Former JAGs Say Hegseth's Alleged 'Kill Everybody' Order Could Amount to War Crimes

A coalition of former military lawyers published a memo alleging that Defense Secretary Pete Hegseth gave a verbal order to "kill everybody" aboard an intercepted vessel during a Sept. 2 operation, and that a subsequent follow-up strike killed survivors who had been clinging to wreckage.

What the memo alleges

The memo from the Former JAGs Working Group says a special operations commander carried out a second strike after an initial attack left at least two people alive but unable to escape the wreckage. The group asserts that both the giving and the execution of such orders, if proven true, could constitute war crimes or murder.

'The Former JAGs Working Group unanimously considers both the giving and the execution of these orders, if true, to constitute war crimes, murder, or both.'

Legal analysis

The memo cites Common Article 3 of the Geneva Conventions, which prohibits targeting persons who are out of the fight because of wounds or other circumstances in a non-international armed conflict. It also invokes the 1907 Hague Convention prohibition against declaring that no quarter will be given. The former JAGs argue that, depending on whether the U.S. military was engaged in an armed conflict at the time, those who issued or followed such orders could face prosecution under international law or U.S. criminal law.

Official explanations and responses

Briefing materials provided to senior officials reportedly described the follow-up strikes as intended to sink the vessel and remove a navigation hazard, not to kill survivors. The White House press secretary said the commander who ordered the follow-up acted "within his authority and the law." Hegseth has publicly denied the account and characterized the reporting as false, writing that operations were lawful and aimed at disrupting drug flows and terrorist-affiliated traffickers.

President Donald Trump said he has confidence in Hegseth but added he would look into the matter, stating he would not have wanted a second strike that killed survivors.

Calls for investigation and context

The former JAGs urged Congress to investigate the use of lethal force against people rendered defenseless by wounds or a disabled vessel. The memo warns that orders to kill survivors are "patently illegal" and that anyone who issues or follows such orders should be subject to prosecution.

As of Nov. 17, the administration has disclosed 21 strikes in the region, which it says have killed at least 82 people.

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