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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3,333 Articles
Mo Brooks talks at a podium with the sign “Save America” and gestures into the air. American flags stand on either side of him.

Timeline: Rep. Mo Brooks, January 6, and the Effort to Overturn an Election

A comprehensive timeline of Rep. Mo Brooks’ reported actions and public statements in trying to overturn the American election.
A letter dated October 29, 2021. It reads, “From: Panel ICO U.S. vs. Khan; To: Convening Authority; The panel members listed below recommend clemency in the case of Majid Shoukat Khan. Mr. Kahn committed serious crimes against the U.S. and partner nations. He has plead guilty to these crimes and taken responsibility for his actions. Further, he has expressed remorse for the impact of the victims and their families. Clemency is recommended with the following justification: 1) Mr. Khan has been held without the basic due process under the U.S. Constitution. Specifically, he was held without charge or legal representation for nine years until 2021, and held without final sentencing until October 2021. Although designated on ‘alien unprivileged enemy belligerent,’ and not technically afforded the rights of U.S. citizens, the complete disregard for the foundational concepts upon which the Constitution was founded is an affront to American values and concept of Justice. 2) Mr. Khan was subjected to physical and psychological abuse well beyond approved enhanced interrogation techniques, instead being closer to torture performed by the most abusive regimes in modern history. This abuse was of no practical value in terms of intelligence, or any other tangible benefit to U.S. interests. Instead, it is a stain on the moral fiber of America; the treatment of Mr. Khan in the hands of U.S. personnel should be a source of shame for the U.S. government. 3) Mr. Khan committed his crimes as a young man reeling from the loss of his mother. A vulnerable target for extremist recruiting, he fell to influences furthering Islamic radical philosophies, just as many others have in recent years. Now at the age of 41 with a daughter he has never seen, he is remorseful and not a threat for future extremism. It is the view of the penal members below that clemency be granted based on the points above, as well as Mr. Khan’s continued cooperation with us efforts in other, more critical, prosecutions. Panel #1, Panel #8, Panel #5, Panel #9, Panel #12, Panel #4, Panel #11.”

Military Officers’ Handwritten Clemency Letter at Guantanamo – What It Says About Who We Are

"A long step toward the ultimate freedom: the realization that there is no them, there is only us."
Air Force Inspector General Lt. Gen. Sami D. Said speaks during a press briefing at the Pentagon, Washington D.C., November 3, 2021. An American flag stands beside him.

The Missing Kabul Drone Strike Report

"It is simply not credible that the entire investigative report must be withheld in order to protect (as one imagines the claim) sources and methods of intelligence-gathering."
A sign for Camp Justice in Guantanamo Bay Naval Base, Cuba. Five flags waive from posts.

A Torture Survivor Speaks at the Guantanamo Military Commissions

Majid Khan described his torture by the United States for the first time in a case that also shows how plea agreements are the only realistic path for those charged in Guantanamo…
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.
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