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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Full List of All Gov’t Docs in US Response to Russian Election Hacking–with summaries

Below is a list of all the U.S. government documents released on Thursday as part of the Obama administration’s announced response to Russian interference in the U.S. election…
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White House Retaliation for Russian Hacking

This afternoon the White House announced several actions against Russia in retaliation for Russian interference in the U.S. election. Key among them is the use of the cybersecurity…
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Recommended Reading: Kristen Eichensehr on Classifying the Election System as “Critical Infrastructure” in Response to Russian Hacks

Several news outlets are reporting that the Obama Administration is likely to announce very shortly a packet of measures it will pursue in response to Russian cyber activities…
A wood engraving of torture in a Sicilian prison in Monreale. A person is tied to a chair while someone attaches something to their head. Two others stand watching and a fourth person sits at a table writing.

The ICRC Survey and Torture: A Glass Two-Thirds Full?

As indicated by Ryan Goodman in a recent Just Security post, the report, “People on War: Perspectives from 16 Countries,” by the International Committee of the Red Cross, provides…
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State Responsibility for Assisting Armed Groups: A Legal Risk Analysis

Last month, the US State Department’s Legal Adviser Brian Egan highlighted one of the most significant legal issues on the horizon: US and coalition forces’ handling of large…

How to Read the Department of Defense’s Revised Law of War Manual

Last week, the Department of Defense released a revised version of its Law of War Manual, making significant changes to one section: “Proportionality in Conducting Attacks.”…
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The Defense Dept’s Law of War Manual: “Exempt” Military Objects and Investigations’ Positive Feedback Loop

Several revisions in the amended U.S. Department of Defense’s Law of War Manual address what military objects might be excluded from a strike list, and what investigations should…
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Israel’s Settlement Regulation Bill Violates International Law

The proposed (and euphemistically titled) “Regulation Bill” is a bill pending before the Israeli Knesset which seeks to authorize the expropriation of private Palestinian property…
Just Security

Israel’s Settlement Regulations Bill and International Law

[Editor’s Note: After reading Eugene Kontorovich’s post, be sure to read a response to his post by Yaël Ronen and Yuval Shany, “Israel’s Settlement Regulation…
Defence Secretary Sir Michael Fallon speaks at the House of Commons, London, where he said that UK-supplied cluster bombs have been used by Saudi Arabian-led forces in the war in Yemen. December 19, 2016. Others sit around and behind him as he stands to speak.

Saudi Arabia Finally Admits to Using Cluster Bombs in Yemen–After Pattern of Denials

On Monday, British Defense Secretary Michael Fallon told the House of Commons that following the UK’s own analysis, the Saudi-led coalition has now admitted to using UK manufactured…
Just Security

Thoughts on Distinction and Proportionality in the December 2016 Revision to the Law of War Manual

The new revisions to the DoD Law of War Manual that the Department of Defense released last week are welcome in several respects.  Four improvements are especially noteworthy:…
A keyboard.

The “Hacked” US Election: Is International Law Silent, Faced with the Clatter of Cyrillic Keyboards?

Russia, it would appear, “hacked” its way into the US election. The Obama administration has pledged some sort of response. That reaction should be guided by a close consideration…
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