Growing concern is emerging in the U.S. over whether President Donald Trump’s administration might permit or encourage the killing of enemies instead of arresting them, following public remarks related to military operations and the laws of war.
In a formal letter dated March 16, senior U.S. Senator Mark Kelly raised the concern with Defense Secretary Pete Hegseth, warning of serious legal and moral consequences if such language is turned into policy.
According to Kelly, the fears are not tied to a single battlefield event but rather focus on statements made by senior officials and the risk that unclear or aggressive language could be interpreted by troops as orders to break international law.
Mark Kelly’s Letter to the Defense Secretary
Senator Mark Kelly wrote to Defense Secretary Pete Hegseth seeking clarification over public statements about U.S military action, particularly remarks suggesting that “no quarter” would be given to America’s enemies.
In the letter, Senator Mark Kelly clarified that the phrase “no quarter” has a specific meaning in the law of armed conflict.
“The phrase ‘no quarter’ has a well-established meaning in the law of armed conflict. Historically, and legally, it refers to a declaration by a military commander that no enemy combatants can be taken prisoner, that is, that they are to be killed rather than permitted to surrender,” read part of the letter by Senator Mark Kelly.
Historically, declaring “no quarter” means that enemy fighters are to be killed rather than captured, even if they try to surrender.
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Under international law, including the Geneva Conventions and the Hague Conventions, such a declaration is illegal.
It is classified as a war crime and is punishable under US law, including the War Crimes Act.
Senator Kelly warned that any suggestion of “no quarter” raises red flags because it directly contradicts international law and US military doctrine.
The U.S Department of Defense Law of War Manual clearly states that it is forbidden to declare that no quarter will be given.
U.S Military at Crossroads
According to Senator Mark Kelly, the U.S military troops have taken the position not only because it is morally correct and a requirement of international and federal law, but also because illegal behavior by the military would put the service members at greater risk of reciprocation and erode the good order and discipline that make the U.S’ fighting force the most effective in the world.
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He also noted that respect for the law of war protects American troops as much as it protects civilians and captured fighters, as it reduces chaos on the battlefield and lowers the risk of revenge attacks.
If American forces violate international law, they could face prosecution, retaliation by enemies, or loss of protection under the laws of war.
Senator Mark Kelly reminded Defense Secretary Pete Hegseth that every member of the U.S. Armed Forces swears an oath to support and defend the Constitution and is taught that unlawful orders must not be carried out.
In the letter, Senator Kelly posed direct questions to the defense secretary.
“Was your statement that there would be ‘no quarter’ intended as a description of current U.S. policy or Rules of Engagement in conflict?”
If it were policy, the senator demanded that the legal basis and official documents authorizing such a stance be provided.
He further asked whether the Department of Defense remains fully committed to complying with the Geneva and Hague Conventions and the Law of Armed Conflict.
The senator said these questions were not academic, as over two million service members currently serve under US military command and deserve clear, lawful guidance from civilian leaders.
