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Defense Secretary Pete Hegseth stood firm under intense questioning during his latest Senate Armed Services Committee hearing, refusing to retract a controversial statement that critics say could amount to a war crime.
On Thursday, Hegseth faced senators for the second day, fielding inquiries on the ongoing conflict with Iran, the 2027 defense budget, and recent Pentagon staffing changes. His opening remarks were disrupted by anti-war protesters, setting a tense tone that carried through to his exchange with Senator Mark Kelly (D-Ariz.), a retired Navy captain known for his outspoken stance against unlawful military orders-a position that previously drew accusations of “sedition” from the Trump administration.
Kelly confronted Hegseth about dwindling U.S. military stockpiles before pressing him to explain a stark declaration made shortly after the U.S. and Israel launched Operation Epic Fury against Iran. Hegseth had said, “We will keep pushing, keep advancing, no quarter, no mercy for our enemies.” The phrase “no quarter” traditionally means refusing to spare enemies who surrender, a concept widely regarded as a violation of international law.
During their exchange, Kelly pointedly asked, “It’s my understanding that ‘no quarter’ means legitimate offers of surrender will be refused or detainees will be executed. Is that your understanding?” Hegseth responded by deflecting blame onto Iran, asserting that only Iranian forces would target civilians or detainees and stating, “I disagree completely with the articulation.”
Kelly pressed further, citing the Department of Defense’s own Law of War manual, but Hegseth maintained a firm stance: “We fight to win, and we follow the law, senator.” When asked again to clarify, Hegseth reiterated, “We have untied the hands of our warfighters. We fight to win, and we follow the law.”
Interpreting this as a refusal to back down, Kelly criticized the Defense Secretary, saying, “The things you say matter, and your response here right now makes it clear to the American people exactly why you are not right for this job.” Hegseth countered sharply, “It makes it clear to our enemies, senator.”
The phrase “no quarter” is considered a war crime under international humanitarian law, with declarations or actions aligned with it violating the Hague Conventions and the Rome Statute of the International Criminal Court.
Earlier this month, six Democratic representatives filed articles of impeachment against Hegseth, accusing him of abuse of power and war crimes.
This contentious hearing is just the latest chapter in an ongoing feud between Hegseth and Kelly. Earlier this year, Kelly sued the Pentagon to block disciplinary actions against him related to his public opposition to unlawful military orders. The Pentagon, under Hegseth’s watch, sought to censure Kelly-a process that could lead to the revocation of his retired rank and reduced retirement benefits.
Kelly’s lawsuit argues that these actions violate his First Amendment rights, emphasizing that government officials cannot punish or retaliate against protected speech, especially when it involves legislators speaking on public policy. The suit calls the Pentagon’s proceedings “unlawful and unconstitutional,” underscoring the broader tension between military leadership and dissenting voices within the ranks.