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.
4,604 Articles
US Responsibility Arising From Russian Violations of the Law of Armed Conflict
Ryan Goodman raised a great question yesterday about the US-Russia deal on Syria: may the United States coordinate military operations with Russia if Russia is highly likely to…
Is the US-Russia Pact in Syria Barred by International Law?
While Secretary John Kerry appears to be trying to resuscitate the US-Russia deal in Syria, one issue worth considering is whether a major step in the US-Russia plan is permitted…
Unprecedented and Unlawful: The NSA’s “Upstream” Surveillance
The FISA Amendments Act of 2008 (FAA) — the statute the government uses to engage in warrantless surveillance of Americans’ international communications — is scheduled to…
Trump’s Calls to Pillage Iraqi Oil
In his appearance with Secretary Clinton at NBC’s Commander-in-Chief Forum earlier this month, Donald Trump called for actions that amount to a war crime. Addressing US policies…
Guide to the Presidential Candidates’ National Security Positions
As we have periodically done since its February launch, we’re updating our guide to the 2016 presidential candidates’ positions on national security matters. Today, we have…
The Updated First Geneva Convention Commentary, DOD’s Law of War Manual, and a More Perfect Law of War: Part III
This third post of a series on the ICRC’s Updated Commentary on the First Geneva Convention of 1949 offers some concluding observations and further comparisons with the recent…
Correcting the Record on Section 702: A Prerequisite for Meaningful Surveillance Reform
The legal authority behind the controversial PRISM and Upstream surveillance programs used by the NSA to collect large swaths of private communications from leading Internet companies…
How the Risk of an Int’l Criminal Court Investigation Should Affect Military Targeting Practices
The International Criminal Court currently has jurisdiction over the territory and nationals of 124 States Parties to the Court, plus Darfur and Libya, where jurisdiction was conferred…
Does the Int’l Criminal Court Have Jurisdiction over Alleged War Crimes by Saudi-Led Coalition in Yemen?
Does the International Criminal Court have jurisdiction over potential war crimes allegedly committed by the Saudi-led coalition in its battle against the Houthi rebels in Yemen?…
What Sec. Kerry Privately Thinks About the US-Russia Deal for Syria
On Monday, Secretary of State John Kerry described the broad outlines of a U.S.-Russia agreement for Syria. The plan includes three parts—(1) a cessation of hostilities, (2)…
A Response to “The Tech”: Continuing the Vulnerability Equities Process Debate
In my recent Just Security piece, I argued that Aitel and Tait’s suggestions in Lawfare to focus the Vulnerability Equities Process (VEP) more narrowly on strategic intelligence…
Does Operation Inherent Resolve set a troubling constitutional precedent?: Engaging with Goldsmith and Waxman
This post is the latest installment of our “Monday Reflections” feature, in which a different Just Security editor examines the big stories from the previous week or looks…