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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A demonstrator walks in front of a row of military police members wearing riot gear as they push back demonstrators outside of the White House, June 1, 2020 in Washington D.C.

Statement of Homeland and National Security Leaders

Former Republican and Democratic cabinet members and other senior officials speak out about protests, use of the military, racial justice, and policing.
Members of the D.C. National Guard stand on the steps of the Lincoln Memorial as demonstrators, who are not seen in the image, participate in a peaceful protest against police brutality and the death of George Floyd, on June 2, 2020 in Washington, DC.

The Strength of America’s Apolitical Military

A statement by former U.S. ambassadors, Generals and Admirals, senior officials on the response to nationwide protests for racial justice.
Director of the Centers for Disease Control and Prevention Dr. Robert Redfield (C) speaks about the COVID-19 (coronavirus) alongside Vice President Mike Pence and members of the Coronavirus Task Force in the Brady Press Briefing Room at the White House in Washington, DC, March 9, 2020.

Redactions in CDC Communications Policies Leave Key Questions Unanswered

Newly released CDC documents — via FOIA — confirm Office of Vice President’s involvement in CDC COVID-19 communications, leave important details concealed, and raise First…
Virtual press briefing by the President of the UN General Assembly, Tijjani Muhammad-Bande

National Security at the United Nations This Week (June 5-12)

(Editor’s Note: This is the latest in Just Security’s weekly series keeping readers up to date on developments at the United Nations at the intersection of national security,…
U.S. Army Fort Benning sign reading, "Welcome to Fort Benning Home of the Maneuver Center"

At Confederate-Named Army Bases, Highlight US Ideals By Renaming Them for Honorable Figures

The facilities should be named after accomplished figures who represent the diversity that makes the country and the Army strong. And there are plenty.
Police without mask fasks watch protesters in face masks on June 6, 2020 in Brooklyn NY. A protester on a bike has a sign reading, "Defund the NYPD."

Researchers on Atrocity Prevention Warn: US on Path to Widespread Political Violence

The United States remains on the precipice of widespread human rights violations against its own civilian population. As scholars of armed conflict and human rights with a combined…
Potesters lie on the ground in front of a line of police cars in the position that George Floyd was in when he died. June 6, 2020 - Los Angeles, United States

International Standards Regarding the Handling of Demonstrations

Just as much as nauseating scenes of excessive use of force by the police captured by media and citizens’ smartphones fly in the face of the protections that should be afforded…
A collage of tweets and statements. The first statement by Mike Mullen, Seventeenth chairman of the Joint Chiefs of Staff reads on June 2, 2020, “I cannot remain silent. Our fellow citizens are not the enemy.” A tweet from Admiral Mike Franken, no date, reads, “I’m a retired three-star admiral running for United States Senate in Iowa. The military is a tool of last resort to defend our nation. It is not a weapon to use against our citizens or our states.” A tweet from Tony Thomas on June 1, 2020 reads, “The ‘battle space’ of America??? Not what America needs to hear…ever, unless we are invaded by an adversary or experience a constitutional failure…ie a Civil War…” A tweet from retired General Martin E. Dempsey, no date, reads, “America’s military, our sons and daughters, will place themselves at risk to protect their fellow citizens. Their job is unimaginably hard overseas; harder at home. Respect them, for they respect you. America is not a battleground. Our fellow citizens are not the enemy. #BeBetter” A tweet from General Michael Hayden, no date, reads, “I was appalled to see him in his battle dress. Mi [cut off] a general?!?) should not have walked over to th [cut off] with Trump.” A tweet from Mark Hertling reads, “’Dominating the battle space,’ democratic values.” A tweet from Berry R McCaffrey on June 1, 2020 reads, “On MSNBC. Monday. 1 June. 11 pm ET. Brian Williams. Trump and the Insurrection Act. The murder of George Floyd by a police officer was the spark that detonated the anger at injustice. Using military forces other than Nat Guard would be inflammatory.” A tweet by @stavridisj, no date, reads, “American tradition says the use of active duty [cut off] to quell domestic disputes should be absol [cut off] resort and done at the request of not over the [cut off] objection of governors. I agree with that – th [cut off] role for the National Guard not active duty.” The last statement comes from an article by Jeffrey Goldberg and reads, “James Mattis denounces President Trump, describes him as threat to the Constitution. In an extraordinary condemnation, the former defense secretary [cut off] protestors and says the president is trying to turn Americans against [cut off] another.”

The Generals’ Constitution

When retired senior military officers “break ranks” to publicly criticize current political affairs, they often invoke a defense of the Constitution. In light of their oaths…
Trump walks with US Attorney General William Barr (L), US Secretary of Defense Mark T. Esper (C), Chairman of the Joint Chiefs of Staff Mark A. Milley (R), and others from the White House to St. John's Church where tear gas was used to clear the crowd on June 1, 2020 in Washington DC. Only one person in the background has a face mask. No one is social distanced.

The Untold Power of Bill Barr to Direct US Military Forces in Case of “Civil Unrest”

Whether deployed against protests for racial justice or deployed to interfere with free and fair elections in November, the US military operations would be led by Bill Barr, not…
A large number of police in riot gear including batons block protestors demonstrating against police brutality and the murder of George Floyd. Many protestors carry colorful umbrellas due to the bad weather. The umbrellas mostly obstruct the view of the front line of protestors but some police can be seen pushing protestors on the side.

What Does the Constitutional Right of Assembly Protect? What Counts as “Peaceable”? And Who Should Decide?

Municipal rules governing access to public space and existing criminal law significantly circumscribe protestors’ expressive freedom, especially their right to be disruptive.
Side by side images of protests in Hong Kong and in New York City both on June 4th 2020. Protesters in both images wear face masks. In the Hong Kong demonstration, one person holds a sign reading (translated), “Five demands, not one less.” In the BLM protest in NYC, a sign has “NYPD” with a red circle and cancel line through it. It is night in Hong Kong and day in NYC.

Standing, Not-Standing with the Protesters: U.S. Policy on Hong Kong and BLM

... the PRC’s own hypocrisy is no reason to abandon Hong Kong. But if the U.S. government seeks to play a constructive role, it needs to check off certain items. First and foremost,…
A Black Lives Matter protest on June 4, 2020 in New York City. Demonstrators hold signs, one is a large picture of George Floyd, who was killed by police on May 25th. Other signs read, “Black Lives Matter,” “Color is not a crime,” “Brionna Taylor Say Her Name,” White Silence Equals Violence,” and “Stop Police Brutality.” Demonstrators wear face masks due to the coronavirus.

The United States’ Racial Justice Problem Is Also an International Human Rights Law Problem

An essay by United Nations Special Rapporteur on Contemporary Forms of Racism, Professor E. Tendayi Achiume.
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