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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4,622 Articles

Recommended Holiday Reading from Just Security’s Editors

Just in time for holiday shopping, we asked some of our Just Security editors to help put together a reading list, partly with the incoming Trump administration in mind. We asked…
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The (Potentially) Monumental Significance of the Jennings Supplemental Briefing Order

On November 30, the US Supreme Court heard oral argument in Jennings v. Rodriguez—a case that arises from three categories of immigration detention in which…
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A Squarable Circle?: The Revised DoD Law of War Manual and the Challenge of Human Shields

In a new update to its Law of War (LoW) Manual, the U.S. Department of Defense kept its promise to be, as the DoD General Counsel (GC) Hon. Jennifer O’Connor reiterated at NYU…
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Human Shields in the (Updated) Dept of Defense’s Law of War Manual

[Editor’s Note: On Tuesday, the Department of Defense released an updated version of its Law of War Manual. Just Security is hosting an online “mini forum” to discuss the…
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The Updated DoD Law of War Manual and the Precaution of Military Objective Selection

[Editor’s Note: On Tuesday, the Department of Defense released an updated version of its Law of War Manual. Just Security is hosting an online “mini forum” to discuss the…

Initial Observations on the Law of War Manual Revision: “Three ups/Three downs”

[Editor’s Note: On Tuesday, the Department of Defense released an updated version of its Law of War Manual. Just Security is hosting an online “mini forum” to discuss the…
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Defense Department Releases Second Round of Revisions for Law of War Manual

The Defense Department published new revisions to its Law of War Manual this evening. This is the second time the document has been changed since it was first released in the summer…
An MQ-9 Reaper sits in a hangar during a sandstorm at Joint Base Balad, Iraq, Sept. 15, 2008.

The Drone Memos Offers a Critique of Obama Administration’s ‘Shortsighted’ Policies on Targeted Killing

There are a lot of books about drones. In addition to fictionalized accounts of drone use and technical manuals, numerous policy books have been written that describe drone technology,…
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At Least One Copy of the Senate Torture Report Will Be Preserved. What About the Others?

White House Counsel Neil Eggleston’s recent announcement that President Barack Obama will archive at least one copy of the full Senate torture report under the Presidential Records…
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Another Look at the New ICRC Survey: Glimmers of Hope?

During his campaign, Donald Trump publicly endorsed torture, indiscriminate bombing of populated areas, and killing civilians with familial ties to members of ISIS—all of which…
Just Security

Category Mistake: There Is No Jus ad Bellum for Use of Force Against Non-State Actors

From South Asia to Europe and beyond, government lawyers have to inquire as to when a State is legally justified in resorting to military force against a non-State actor. What…

US-led Coalition Needs to Improve ‘Opaque, Ad Hoc’ Process for Reporting Civilian Casualties, New Report Says

President Barack Obama’s July 2016 Executive Order on Civilian Casualties has improved U.S. monitoring and reporting of civilian casualties caused by its airstrikes, but far…
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