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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4,757 Articles

Uncomplimentary Complementarity and the Int’l Criminal Court’s Afghanistan Probe

Above: US military facilities at Bagram airfield, Afghanistan. Image: DoD This piece is the latest in our online symposium–spearheaded by Professor Laura Dickinson–focusing…

Does Congress Really Think It’s Reasserting Its War Powers by Giving Them Away to Trump?

Bipartisan efforts to address the problematic status quo should be applauded. But without significant changes to what is reportedly in the latest proposed AUMF, the new authorization…

The High Hurdle for Aiding and Abetting Unlawful Attacks in Yemen

This is piece is the the latest article in our forum on the Yemen crisis and the law. The Alien Torts Statute (ATS), a jurisdictional statute that allows non-U.S. citizens to…

‘I Won’t Torture’ is Not Enough: Question Pompeo on US Rendition Policy

Numerous concerns have been raised about Mike Pompeo, President Trump’s nominee for secretary of state. Though the US Senate confirmed him as  the Central Intelligence Agency…

Can Bolton Actually Deliver an America First National Security Policy?

In his first week as National Security Advisor, John Bolton has walked into the first of what will be countless crises over the course of his tenure: whether to strike Syria in…

Once again: Trump Can’t–and Therefore (probably) Won’t–Remove Mueller

Lederman writes that the President does not have the legal authority to fire special counsel Robert Mueller, based on a over a hundred years of Supreme Court precedent and reflected…

Official Immunity Under the Rome Statute: The Path From Principle to Practice Is Seldom Straight

Just Security is pleased to launch this online symposium–spearheaded by Professor Laura Dickinson–which is focused on the International Criminal Court’s (ICC) probe…
The ICC's flag, a white set of scales against a light blue background is shown.

Can the Int’l Criminal Court Try US Officials?–The Theory of “Delegated Jurisdiction” and Its Discontents (Part II)

Just Security is pleased to launch this online symposium–spearheaded by Professor Laura Dickinson–which is focused on the International Criminal Court’s (ICC) probe…
Mattis meets Bolton in a parking lot upon Bolton's arrival for a meeting at the Pentagon, on March 29, 2018 in Arlington, Virginia.

John Bolton: A Threat At Home And Abroad?

On April 9th, General H.R. McMaster will vacate the National Security Advisor position for a man widely viewed as his temperamental and intellectual opposite: former U.N. ambassador…
The ICC's flag, a white set of scales against a light blue background is shown.

Can the Int’l Criminal Court Try US Officials?–The Theory of “Delegated Jurisdiction” and Its Discontents (Part I)

This backgrounder covers the key issues of jurisdiction now that the Court is set to open an investigation that may cover alleged torture by US officials.

How to Move the Battle Lines in the Crypto-Wars

Get ready for another round of the crypto-wars. A recent report in the New York Times indicates that the Justice Department has been quietly discussing with researchers ways to…

The Military, the Mexican Border and Posse Comitatus:  Four Key Takeaways

The four core legal issues to watch as a “militarized border” implementation plan develops. Written by former Navy commander, serving as a tactical jet aviator and attorney…
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