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
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…
Fighting Human Trafficking in Conflict: Ideas for the UN Security Council
Slavery – is it making a comeback? There is a growing awareness that as many as 45.8 million people may be enslaved around the world today, and that supply-chains for basic commodities…
Senators Move to Block US Arms Sale to Saudi Arabia
A bipartisan group of four US senators yesterday introduced a joint resolution aimed at blocking the U.S. sale of more than $1.15 billion in M1 Abrams tanks and other weapons…
Does the Int’l Criminal Court Have Jurisdiction Over U.S. Forces in Libya?
Recent US airstrikes against ISIL targets in Libya raise an intriguing question: does the International Criminal Court (ICC) have jurisdiction to investigate and prosecute US actions…
Weapon, Combatant, Child, Animal: They’re All Insufficient Analogies for Autonomous Weapon Systems
Autonomous weapon systems, that is, weapon systems capable of independently selecting and engaging targets, are usually portrayed in one of two ways. Either they are depicted as…
The Vulnerability Equities Process Should Consider More than Intelligence Community Needs
Dave Aitel and Matt Tait’s recent post in Lawfare argued that the U.S. government’s procedure for deciding whether to withhold unknown or little-known vulnerabilities in…