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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U.S. Army (retired) General Lloyd Austin speaks after being formally nominated to be Secretary of the Department of Defense by U.S. President-elect Joe Biden at the Queen Theatre on December 09, 2020 in Wilmington, Delaware. President-elect Biden wears a face mask and sits socially distanced behind General Austin who does not wear a face mask and speaks at a podium. American flags can be seen behind Biden.

Important Context Missing from the Austin Nomination Debate

Civilian control of the military is an essential part of our constitutional fabric, but that doesn’t mean that recently retired officers are inevitably inappropriate defense…
Russian President Vladimir Putin and Oleg Deripaska, a billionaire businessman are seen visiting the RusVinyl Russian-Belgian joint polymer plant, near Nizhny Novgorod, 430 km. East of Moscow.

How Biden Can Defeat Strategic Corruption

An incoming president can designate strategic corruption as a national security threat, giving the Treasury Department the task of managing an interagency anti-corruption task…
A child stands through a curtain of traditional fabrics in Alamata, Ethiopia, on December 8, 2020.

To Prevent Atrocities, Break Bureaucratic Silos, Don’t Build A New One

Attempts to reduce risks of mass atrocities will be stronger if they are integrated with policy efforts to prevent conflict, address fragility, and counter extremism.
Women wait with children in a ward at a malnourishment treatment centre in Yemen's northern Hajjah province on November 22, 2020. The beds the children lie in are covered in netting, and the walkways between beds are very small since the beds are crowded together.

Biden Must Stick to His Pledge to End US Support for the Yemen War

The war in Yemen is a global mark of shame, and the resulting humanitarian disaster threatens the lives of 24 million people.
The cap of the United States Capitol Building

The Failed Transparency Regime for Executive Agreements

This article is cross-posted at Lawfare.   In late October, the United States and Sudan reportedly signed a bilateral agreement “to resolve claims arising from the 1998…
The words "Cargill is Guilty" are projected in lights onto the face of the U.S. Supreme Court in Washington, D.C. on November 30, 2020 as part of a protest.

Nestlé & Cargill v. Doe Series: Holding the Aiders and Abettors of Atrocity to Account

Do the Alien Tort Statute and Torture Victim Protection Act apply to those who aid in atrocities? Human rights groups - who use the statutes to prosecute these crimes - say yes.
Police shoot tear gas at demonstrators protesting police brutality and the murder of George Floyd. Protestors run in a panic to escape the tear gas outside St. John's Episcopal Church outside the White House. The police wear full riot gear including helmets, face shields, body shields, batons and masks. June 1, 2020 Washington DC

Revitalizing US Democracy Starts with Repairing the Right to Peaceful Assembly

Five actions the Biden administration can take to better protect the right to peaceful assembly.
Robert H. Jackson’s opening statement at the Nuremberg Trials.

A Commander’s Duty to Punish War Crimes: Past U.S. Recognition

A comprehensive, sweeping analysis of "the United States’ own long-standing views that a commander’s failure to punish war crimes by his subordinates may itself amount to war…
Cocoa producers of the Yakasse-Attobrou Agricultural Cooperative (Cooperative Agricole de Yakasse-Attobrou - CAYAT) carry agriculture kits distributed by the cooperative at the CAYAT headquarters in Adzope on Agust 31, 2018.

Nestlé & Cargill v. Doe Series: The Economic Folly of Human Trafficking for American Business

The threat of liability under the Alien Tort Statute (such as the Nestlé/Cargill suit) costs businesses money – that's just cold economic reality. Or is it? Amici in the case,…
$100 US bills being printed. The bills have not yet been cut and appear to be in book form with multiple bills on each sheet.

Global Kleptocracy as an American Problem

Putting an end to the spread of corruption from kleptocratic autocracies into the United States will be one of the most significant challenges for the incoming administration.
The cocoa bean packing warehouse sits empty in the Sampaka Farm on August 08, 2018 in Malabo, Equatorial Guinea. The warehouse is dark with only two skylights and a ladder with wheels stands toward the center of the room.

Nestlé & Cargill v. Doe Series: Rethinking the Alien Tort Statute

Tuesday's Supreme Court argument tackled thorny questions of extraterritoriality, customary international law, and corporate liability. But were any of these questions necessary?…
An F-35A fighter aircraft of the Japan Air Self-Defense Force taking part in a military review at the Ground Self-Defence Force's Asaka training ground in Asaka, Saitama prefecture. October 14, 2018

Proposed UAE Arms Sale Raises National Security Concerns

The Trump administration's planned sale of F-35s to the UAE threatens a regional arms race and raises concerns about end uses of the sensitive defense technology. Congress has…
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