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
Officials of Iraq's electoral commission undergo a polling day simulation to test run its systems ahead of the upcoming parliamentary elections, in the northeastern city of Sulaymaniyah in Iraq's autonomous Kurdistan region on September 22, 2021.

Iraqi Elections, Coming Again Soon, Still Don’t Deliver Democracy

Turnout may be dismal, as many Iraqis feel elections fail as a channel for their voices or an instrument for change.
Funeral workers carry a body bag containing the remains of Arvin Arbuis through a grave site. A procession of people follow.

ICC Investigation of Philippines President Duterte Sends Important Signals

It tells other governments that they may not obtain retroactive impunity for their crimes by withdrawing from the ICC treaty.
US Secretary of State Antony Blinken meets with Afghan all-female robotics team members at Qatar's Education City Club House in Doha on September 7, 2021.

The Last Days in Afghanistan Should Not Deter Biden from Looking Beyond the 9/11 Paradigm

It's time to get off this loop. But ending “endless wars” should not be equated with simplistic solutions.
Rep. Pete Aguilar (D-CA), Rep. Stephanie Murphy (D-FL) Rep. Adam Schiff (D-CA), and Rep. Zoe Lofgren (D-CA) listen during the Select Committee investigation of the January 6, 2021, attack on the US Capitol, during their first hearing on Capitol Hill in Washington, DC, on July 27, 2021.

Congress’ Access to Individuals’ Private Communications: The Jan. 6 Committee’s Troubling Precedent

How and why federal law — Stored Communications Act — and Constitution may block January 6 Committee’s ability to subpoena telecommunications content.
Rep. Adam Kinzinger (R-IL), and Rep. Jamie Raskin (D-MD) listen to testimony from DC Metropolitan Police Department Officer Michael Fanone before the House Select Committee investigating the January 6 attack on US Capitol on July 27, 2021 at the U.S. Capitol in Washington, DC.

In the Wake of the January 6 Attacks, Will Congress and the Administration Heed the Lessons of 9/11?

The need to respond forcefully to the insurrection should not be conflated with the need for new legal authorities.
U.S. dollar and Afghan banknotes in a pile.

Reassessing Counter Terrorism Financing in a Taliban-Controlled Afghanistan

The Taliban’s rapid takeover of Afghanistan set back decades-long efforts to integrate Afghanistan into the international community. Nowhere is this more apparent than on anti-money…
The White House lawn on a sunny day with the White House in the background.

The Executive Branch Needs Intelligence Oversight Reform

The PIOB and PCLOB should be combined into a single White House civil liberties and compliance office, with an expanded mission.
The Chair of Afghanistan's independent human rights commission, Sima Samar, hands Afghan President, Hamid Karzai, a document while United Nations High Commissioner for Human Rights, Louise Arbour, stands beside them witnessing the event. A flag stands behind them.

The Failure of Transitional Justice in Afghanistan: Impunity Turned Into Law

How the international community and domestic power brokers undermined an initiative and sowed another seed of the ultimate collapse.
Side by side images of the speakers from the event “Roads Not Taken – Reflections on the 9/11 Anniversary” hosted by Just Security and the Knight First Amendment Institute. Jameel Jaffer, Elisa Massimino, Anthony D. Romero, Kenneth Roth, and Linda Sarsour.

Video: Roads Not Taken – Reflections on the 9/11 Anniversary

Assessing the Work and Impact of U.S. Human Rights Organizations Since the 9/11 Attacks
Two tall greyscale rectangles cast dark shadows representing the Twin Towers. Text reads, “How Perpetual War Has Changed Us: Reflections on the 20th Anniversary of 9/11”

Paradigm Shift: The Consequences of Choosing a War Path, and Leaving It

We owe it to the next generation to grapple now with the consequences of remaining at war -- as well as the consequences of choosing not to be -- lest we find ourselves reflexively…
Salvadors Police officers stand guard in front of the Supreme Court of Justice in San Salvador, on May 2, 2021.

Islands of Advances in a Sea of Setbacks: Central American Rule of Law

The Biden administration’s promise to attack the root causes of migration from Central America just got harder to keep.
Taliban spokesman Zabihullah Mujahid addresses a press conference in Kabul on September 7, 2021. Flags of the Taliban stand on both sides of the desk he sits at.

Between Legitimacy and Control: The Taliban’s Pursuit of Governmental Status

Recognition of a government involves calculations of both law and politics. What factors will influence States' response to the Taliban?
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