Executive Branch

Just Security’s expert authors provide analysis of the U.S. executive branch related to national security, rights, and the rule of law. Analysis and informational resources focus on the executive branch’s powers and their limits, and the actions of the president, administrative agencies, and federal officials.

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4,604 Articles
A pillar of smoke rises among destroyed buildings after a US-led airstrike in Mosul. July 9, 2017

Toward a True Account of Collateral Damage in U.S. Military Operations

The Pentagon reports annually on how many civilians were killed in U.S. operations, but silent on damage to civilian homes, markets and other civilian infrastructure vital to human…
Sen. Ron Johnson, R-Wis., talks with Sen. Mitt Romney, R-Utah, during a hearing with Zalmay Khalilzad, special envoy for Afghanistan Reconciliation, at the Senate Foreign Relations Committee on Capitol Hill on April 27, 2021 in Washington, DC. They do no wear face masks despite the pandemic.

Five Senators Threaten to Derail Repeal of 2002 AUMF: Why Their Timing and Claims Are Wrong

A dissection of the 5 Senators' letter to the Senate Foreign Relations Committee Chair.
Police fire water cannons at demonstrators. A cannon hits a demonstrator flinging them through the air. The air is orange and hazy.

Duque’s War in Colombia: High Stakes For UN, OAS, and Biden Administration as Human Rights Crisis Spins Out of Control

Amid widespread protests, continued US support for Duque will further erode implementation of the peace accords and spur deeper conflict.
The Courtroom of the European Court of Human Rights in Strasbourg with empty chairs. A banner at the front reads, “European Court of Human Rights” and the carpet in front of the bench shows the circle of stars against blue such as is on the European Union flag.

The Méndez Principles: A Focus on the Exclusionary Rule

To eliminate interrogation abuses, consistently bar all information gained via torture or cruel, inhumane and degrading treatment.
Facebook co-founder, Chairman and CEO Mark Zuckerberg testifies before the House Energy and Commerce Committee in the Rayburn House Office Building on Capitol Hill April 11, 2018 in Washington, DC.

A Deeper Dive: Facebook’s Response to Oversight Board on Trump May Be Less Than It Appears

A deeper dive shows the company is not ready to engage with the board's most far-reaching recommendations,
A human rights activist, dressed to resemble the now famous Abu Ghraib prison photo depicting an Iraqi prisoner being tortured, stands on a street corner during rush hour in front of the US Department of Justice 22 February 2005 in Washington, DC.

How the Biden Administration Should Take Torture-Derived Evidence Off the Table

In a decent legal system, the government does not ask courts to admit evidence derived from torture, nor does it press other arguments that disregard the absolute prohibition on…
A dark room with a table, chairs, and a camera on a tripod. A briefcase and photographs are spread out on the table.

The Méndez Principles: Sharpening the View on Interrogation and Utilitarianism

Philosopher-jurist Jeremy Bentham's “ticking bomb scenario,” often cited to justify torture, has spawned wild misconceptions.
A flag waves in front of the U.S. Capitol building.

Biden’s Support of 2002 AUMF Repeal: The Start of a Long Overdue Conversation

On Monday, President Joe Biden, like President Obama two terms before him, officially embraced repeal of the outdated 2002 Authorization for Use of Military Force with a Statement…
An American flag hangs on a wall behind barbed wire.

State Secrets and the Torture of Abu Zubaydah

More than any case to have reached the Supreme Court, Abu Zubaydah’s case demonstrates the need to carefully scrutinize what information the Executive Branch can legitimately…
Marines grab a blindfolded Japanese prisoner of war while disembarking from a submarine returned from war patrol.

The Méndez Principles: Building Rapport and Trust in Interrogations to Elicit Reliable Information

The demonstrated effectiveness of evidence-based methods strengthens the argument against torture and ill-treatment.
Noxious weeds grow around a Lake Mendocino boat ramp as the water level dropped to 29% capacity on June 2, 2021, near Ukiah, California.

A Pandemic Isn’t the Only Kind of “Catastrophic Risk.” It’s Time to Prepare More Seriously for the Next.

If any good is to come of this crisis, it must be an increased awareness of America’s vulnerability -- and what it takes to prepare.
An exterior view of the building of US Department of the Treasury is seen on March 27, 2020 in Washington, DC.

Sanctions Law Needs Reform, But How?

Determining how the International Emergency Economic Powers Act (IEEPA) can be improved while preserving its value as a flexible instrument of foreign policy is daunting.
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