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.
4,623 Articles
5 and Counting: Russia Vetoes No-Fly-Zone in the Security Council
Over the weekend, Russia exercised its veto—again and unsurprisingly—to block a draft Security Council resolution (S/2016/846) that would have created a no-fly-zone over the…
Can States Legally Provide Targeting Assistance to War Criminals?
Last week, when I challenged an argument for US liability for war crimes in Yemen, I didn’t anticipate ending up on the other side of a (somewhat heated) Twitter debate with…
A Humanitarian Exception to the Principle of Non-Intervention?: Measures Below the Use of Armed Force to Save Aleppo
Do the atrocities in Aleppo and elsewhere in Syria permit the United States and other states to engage in intrusive actions against the Assad regime that would not ordinarily be…
If the Saudi-Led Coalition is Committing War Crimes, the US is Aiding and Abetting Them
A few days ago, Ryan Goodman announced on Twitter that we should expect “a challenge to (some) critics of Defense Department support to Saudi Arabia.” Jay Shooster published…
Different Human Rights at Home and Abroad: Immunity for British Soldier during Overseas Operations
Yesterday, October 4, 2016, U.K. Defence Secretary Michael Fallon proclaimed that British soldiers need to be protected from “spurious claims.” He said that soldiers should…
The UK’s New Derogation Policy for Armed Conflicts: Making a Success of the European Convention on Human Rights?
Speaking at the annual conference of the Conservative Party on October 4, U.K. Defence Secretary Michael Fallon sought to reassure Britain’s nervous allies and the general public…
Whose Armed Conflict? Which Law of Armed Conflict?
When one state, say, the United States, uses military force on the territory of another state, say, Syria or Pakistan, without the consent of that state, what legal rules constrain…
Are Drones Less Accurate than Piloted Aircraft?
Startling recent claims and evidence that armed drones are less accurate than piloted aircraft have prompted us to investigate the numbers behind them. We do so in a piece entitled,…
Does JASTA Violate International Law?
The Justice Against Sponsors of Terrorism Act (JASTA) is now the law of the United States, Congress having overridden President Obama’s veto of the bill. Among other things,…
Would Arming Anti-Assad Rebels Trigger an “International Armed Conflict”—and War Crimes Prosecutions?
Earlier this week, Reuters reported that Gulf Arab States are considering arming militant groups in Syria to fend off Assad’s onslaught in Aleppo and elsewhere. There may be…
Correcting the Record on Section 702: A Prerequisite for Meaningful Surveillance Reform, Part III
In our previous posts, we’ve argued that the NSA is collecting massive amounts of data about US citizens under conditions that have nothing to do with terrorism or national…
Is the White House Mulling “Non-Diplomatic” Means to Stop Assad’s Attacks on Civilians?
The White House has no shortage of advice from outside the government (including from Just Security) and from within the administration on the best options for addressing the carnage…