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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3,366 Articles
U.S. Secretary of Defense Pete Hegseth arrives to testify before the Senate Armed Services Committee in the Dirksen Senate Office Building on June 18, 2025 in Washington, DC.

What Hegseth’s “Supply Chain Risk” Designation of Anthropic Does and Doesn’t Mean

Abuse of a tailored national security authority to resolve an ideological dispute playing out over DoD’s desire to change its contractual terms should not be taken lightly. 
Under a hazy, grey sky, a convoy of white vehicles drives along a dusty road near Saraya Square in western Gaza City on Jan​. 19, 2025. The vehicles are marked with the the International Committee of the Red Cross' stickers and flags.

“Significantly Diminished”: Commenting Anew on Article 23 of Geneva Convention IV in a Transformed Legal Context

New Commentary on GC IV describes Article 23—the treaty’s key provision governing the duty to allow the passage of essentials to civilians—as "significantly diminished" today.
Screenshot of Memorandum for Legal Advisor, National Security Council Re: Proposed War Department Operation to Support Law Enforcement Efforts in Venezuela, published December 23, 2025.

The Trump Administration’s Theory of Constitutional War Powers: “The President Could Decide”

The legal memo justifying its Venezuela operations provides insight into the administration's use-of-force decisions and the factual evidence undergirding them.
A plume of smoke rises following a reported explosion in Tehran on February 28, 2026. Israel's defence ministry announced February 28 it had launched a "preemptive strike" on Iran as sirens sounded in Jerusalem and people across the country received phone alerts about an "extremely serious" threat.

International Reactions to Military Strikes on Iran: A Tipping Point for the UN Charter?

Positions taken at the UN Security Council are a harbinger of whether the legal cornerstone of the international order that is designed to maintain world peace can hold.
EU and Ukrainian flags fly in the wind in front of the Berlaymont, the EU Commission headquarter for the 4th year anniversary of the full scale invasion of Ukraine by Russia, on February 23, 2025 in Brussels, Belgium. (Photo by Thierry Monasse/Getty Images)

Toward A Just and Lawful Peace in Ukraine: Part II

As the war in Ukraine continues to unfold, international lawyers must keep insisting that law be injected into diplomacy and accountability into power politics.
U.S. President Donald Trump speaks alongside Secretary of Commerce Howard Lutnick (C) and U.S. Trade Representative Jamieson Greer (R) during a press briefing held at the White House February 20, 2026 in Washington, DC. (Photo by Anna Moneymaker/Getty Images)

What Just Happened: Tariffs Are Gone and Then Back Again

The SCOTUS decision on Trump's tariffs, and the president’s subsequent reaction, leave many questions about tariff rates and what comes next.
Headquarters of the New York Police Department, Manhattan New York, February 22, 2026 (photo by Melissa Bender)

FBI’s “Stand Down” Directive to NYPD on Jeffrey Epstein Investigations, and More

The most comprehensive timeline to date of the publicly available record on New York law enforcement authorities’ action and inaction with regard to Epstein, Ghislaine Maxwell…
Exterior view of the International Committee of the Red Cross headquarters in Geneva, Switzerland, a large white and tan multi-story building with rows of windows and the ICRC flag on the roof, under a clear blue sky.

Closing Loopholes Across Time: the ICRC’s New Commentary on the Fourth Geneva Convention

​The ICRC's updated Commentary on the Fourth Geneva Convention fills a loophole-closing function and reasserts international humanitarian law's core protective purpose.
A U.S. Immigration and Customs Enforcement agent's back is to the camera, facing the front door of an apartment building during an immigration raid or enforcement operation.

ICE Administrative Warrants and the Fourth Amendment: A Response to the DHS General Counsel

DHS says ICE agents can enter homes to arrest noncitizens using administrative warrants, without judicial oversight. DHS's position has no legal basis.
Ukrainian President Volodymyr Zelenskyy speaks at the Diplomatic Conference for the Adoption of the Convention Establishing a Special Tribunal for the Crimes of Aggression Against Ukraine at the Hague on December 16, 2025 (via Council of Europe Media Gallery)

Toward A Just and Lawful Peace in Ukraine: Part I

A review of what law and lawyers have contributed toward the goal of a just and lawful peace in Ukraine over the past four years.
Protesters hold Iranian pre-Islamic revolution of 1979 flags in front of the United Nations office in Geneva​, Switzerland on February 17, 2026.

What the Current Crises Facing Iran Mean for Human Rights and Rules on the Use of Force

The human rights crisis in Iran reveals the limits of a legal system designed to restrain force even when restraint carries profound human costs.
Capitol Building

The Army Clause: A Forgotten Constitutional Check on ICE, CBP, and the Pentagon

Why the One Big Beautiful Bill violates a forgotten constitutional check on funding standing armies and how Congress can enforce it now.
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