Democracy & Rule of Law

Just Security’s expert authors provide analysis on threats and challenges to democracy and the rule of law in the United States and globally. Coverage includes analysis of the separation of powers, good governance, democratic backsliding, authoritarianism, judicial independence, freedom of the press and association, and accountability for rule of law violations.

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3,161 Articles
US Secretary of State Antony Blinken and Israel’s Defense Minister Benny Gantz walk towards an open door on June 3, 2021, at the State Department in Washington, DC. The Israeli flag and American flag stand at the forefront of the photo.

The Downstream Effects of Israel’s “Terrorist” Designation on Human Rights Defenders in the US

The Israeli designation may be designed to trigger US counterterrorism sanctions - and chill human rights activism. Here are some options for the US response.
Trump boards Marine One as he departs the White House on January 20, 2021 in Washington, DC. A person in military uniform salutes him as he passes.

No, Former Presidents Cannot Assert Executive Privilege. At Least Not Meaningfully.

"Former President Trump’s authority, if any, would be at the 'lowest conceivable ebb' by asserting a claim that is incompatible with Congress’s explicit act plus incompatible…
Members of the Kenyan polices General Service Unit (GSU) take part in a joint exercise hosted by the US embassy to build counter-terrorism capabilities, in Nairobi, Kenya, on October 30, 2021. They wear camouflage and headgear and carry large guns while walking past a truck with police lights.

An Undefined Defining Moment: Marking 20 Years of Counterterrorism Without Ever Agreeing What Terrorism Is

UN Security Council Resolution 1373 in 2001 created a sprawling global system that, rather than solving the problem, spawned widespread abuse.
Sudan's top army general Abdel Fattah al-Burhan holds a press conference at the General Command of the Armed Forces in Khartoum on October 26, 2021.

Sudan’s Constitutional Crisis: Dissecting the Coup Declaration

Suspending certain articles while retaining parts of the transitional deal cloaks a unilateral power-grab as merely a course correction.
President of Kosovo Vjosa Osmani-Sadriu, President of Albania Ilir Meta, President of Croatia Zoran Milanovic, Serb member of Presidency of Bosnia and Herzegovina's Milorad Dodik, President of Slovenia Borut Pahor, Bosniak member of Presidency of Bosnia and Hercegovina Sefik Dzaferovic, President of Serbia Aleksandar Vucic, President of North Macedonia Stevo Pendarovski and Presidend of Montenegro Milo Dukoanovic pose for pictures at a park during the Brdo-Brijuni Process meeting in Brdo pri Kranju, Slovenia, on May 17, 2021.

US Leadership Matters to Avoid New Violence in the Balkans

It's time for Washington to recognize the role of Serb nationalism in fomenting renewed tensions across the region.
Young boys, children soldiers sit on February 10, 2015 lay down their arms at a ceremony of the child soldiers disarmament, demobilization and reintegration in Pibor overseen by UNICEF and partners.

Sanctions Review Fails to Review Sanctions: Congress Should Step In

US sanctions policy should account for peacebuilding and other crucial civic and development activities.
Myanmar people gather for refreshment at a teashop in Yangon on August 31, 2018 many hangout to chat and browse Facebook with their mobile phones.

So, What Does Facebook Take Down? The Secret List of ‘Dangerous’ Individuals and Organizations

Facebook has been criticized for content it allows. But we should be equally skeptical of what it takes down, and its claimed legal reasoning for removals.
Sudanese anti-coup protesters carry the portrait of Prime Minister Abdalla Hamdok, ousted by the military, during a gathering in the capital Khartoum's twin city of Omdurman on October 30, 2021, to express their support for the country's democratic transition which a military takeover and deadly crackdown derailed.

Sudanese Send Clear `No’ to Military Coup. What Will Security Forces Do Next?

After mass nonviolent protests, look out for arrests of opponents, prison releases of Islamists, and actions by a key paramilitary unit.
Three side-by side images of demonstrations in Sudan. The two on the outer edges show many people marching in the streets. The center image shows a person sitting on a low brick fence.

How Many (More) Sudanese Have to Die for Democracy?

Mass protests planned for Saturday will be a test of wills. It is safe to bet on the Sudanese people to brave the threat of escalated violence. The question is whether political…
Dutch Minister of Foreign Affairs Bert Koenders hosts the large international consultations with representatives of the Global Counterterrorism Forum (GCTF) and the Anti ISIS coalition in the fight against terror In The Hague, January 11, 2016. The representatives sit in a large room around tables arranged into a square. Large screens show projections of the minister speaking.

Watchlisting the World: Digital Security Infrastructures, Informal Law, and the “Global War on Terror”

The Global Counterterrorism Forum's new "toolkit" ignores input, tracks US practice to dangerously expand the unaccountable post-9/11 system.
US President Joe Biden participates virtually in the annual ASEAN Summit from the South Court Auditorium of the White House in Washington, DC, on October 26, 2021. On the left, President Biden is seen at a desk with his hands folded in front of his face. On the right, is a screen shot of the virtual event with the logo for ASEAN against a background of the world map focused on Asia and Australia and stars from the US flag. “US-ASEAN Virtual Summit” is written across the background.

ASEAN Has Failed on Myanmar. What’s Next?

ASEAN excluded the Myanmar junta from its summit this week - but remains reluctant to condemn the coup or provide robust help to the people of Myanmar. How should the rest of the…
National Counterterrorism Center Director Matthew Olsen, FBI Director James Comey, Director of National Intelligence James Clapper, CIA Director John Brennan, Defense Intelligence Agency Director Lt. Gen. Michael Flynn testify during a hearing before Senate (Select) Intelligence Committee January 29, 2014 on Capitol Hill in Washington, DC.

20 Years After the Patriot Act, America Must End Secret Law

Of the many abuses that sprung from the Patriot Act’s toxic soil, the most pernicious and enduring is the growth of secret laws. The insistence that the government must not only…
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