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Congress

Just Security’s expert authors offer analysis of U.S. Congress’ role in national security, foreign affairs, the rule of law, and rights. Coverage includes analysis and informational resources related to the legislative process, oversight and investigations of the executive branch, and major debates on the separation of powers and Congress’ constitutional role.

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2,468 Articles
Sri Lanka Army Commander Shavendra Silva reviewing troops headed to Mali as U.N. peacekeepers on Nov. 6, 2019, at the at the Vijayabahu Infantry Regiment (VIR) Headquarters at Boyagane, Sri Lanka.

UN Should Suspend Sri Lanka from Peacekeeping Over Human Rights Abuses

The government has failed in its international obligations to investigate and prosecute crimes, and has promoted alleged war criminals to high levels.
Speaker of the House Nancy Pelosi (D-CA) sits with U.S. President-elect Joe Biden during a meeting that included Vice President-elect Kamala Harris and Senate Democratic Leader Chuck Schumer (D-NY) (not shown) at the Queen Theater on November 20, 2020 in Wilmington, Delaware. They sit at a large horse-shoe or square table allowing ample room for social distancing. An American flag stands behind the table near President-elect Biden.

Principles for a 2021 Authorization for Use of Military Force

The Biden administration and new Congress have an opportunity to fundamentally rethink the congressional authorization of military force against terrorist groups. Here are seven…
A woman crosses a street with her child during clashes between security forces and anti-government protesters in the northern city of Tripoli, on January 29, 2021.

Robust Gender Analysis Will Be Key to Effective US Policy Development

Securing equality in foreign policy and national security means implementing requirements and ensuring they apply to all government decision-making.
US soldiers in Bradley tanks carrying American flags patrol an area near Syria's northeastern Semalka border crossing with Iraq's Kurdish autonomous territory, on January 12, 2021.

Just Security Obtains Overseas Troop Counts That the Pentagon Concealed from the Public

Through FOIA litigation, Just Security obtained records that provide a fuller picture of U.S. troop commitments in Afghanistan, Iraq, and Syria over the last three years.
The empty courtroom of the Commissions building where on Tuesday preliminary hearings will begin for four detainees held on the Naval Base is seen August 22, 2004 in Guantanamo, Cuba. Six flags stand at the front of the room.

Upcoming Cases Provide Opportunities to Reassess the Application of the Due Process Clause at Guantanamo

Recognizing the Due Process Clause’s application at Guantanamo will help refocus litigation on the question of whether the remaining detainees pose such a significant threat…
A jacket is draped over an empty chair at a desk with a gavel and lamp. A flag stands in a corner.

The Next Judge: US Court of Appeals for the Armed Forces’ Looming Vacancy

In 2011, I wrote an essay for the Journal of National Security Law and Policy titled, “The Next Judge.” Here’s the introduction: The filling of a judicial vacancy provides…
A satellite image of the site of the Feb 2021 US airstrike in Syria.

Legal Questions (and Some Answers) Concerning the U.S. Military Strike in Syria

Unpacking the right of self-defense under international law when it comes to use of force in response to a series of attacks.

KBR v. SFO: the United Kingdom’s Microsoft Ireland?

U.K. law enforcement agencies lack power to compel foreign companies to hand over overseas data. What does the decision mean for data sharing?
People walk down a flooded street as they evacuate their homes after the area was inundated with flooding from Hurricane Harvey on August 28, 2017 in Houston, Texas. A number of people use rowboats and small motorized boats as well. The flooding appears to be up to people’s waists in some areas of the street and to their knees in the more shallow areas.

Is Climate Change a National Emergency?

Declaring a national climate emergency would convey a powerful signal from the White House about the urgency of the climate crisis —while also activating several legal authorities…
Secretary of Defense Donald Rumsfeld is seen on a television monitor as he testifies before the bipartisan September 11 commission, formally known as the National Commission on Terrorist Attacks Upon The U.S., on Capitol Hill March 23, 2004 in Washington, DC. Photographers can be seen kneeling on the floor with cameras and officials sit at tables around the room.

How a January 6 Commission Can Succeed: What Empirical Research Tells Us

Research on more than 50 independent commissions sheds light on optimal design for commission, selection of its commissioners, and their work ahead.
Voters cast their ballots at a Masonic Lodge on June 5, 2018 in Los Angeles, California. The voting booths are simple tables with privacy barriers and are connected by wires with lights for each one.

Outlaw Participation in Foreign Attacks on U.S. Elections

Attacks on U.S. elections will become a dangerous new normal if Congress does not make it a crime.
Nobel peace laureate Leymah Gbowee, head of the Women in Peacebuilding Network (WIPNET), stands in front of a sign calling for peaceful elections in Monrovia on October 5, 2017. The sign reads, Don’t Touch Our Peace.”

Biden Needs a Foreign Policy Focused on Sustainable Peace

War and weapons cannot solve today’s most urgent challenges. They require peacebuilding, diplomacy, and conflict-sensitive development.
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