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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4,623 Articles

The Law of Aiding and Abetting (Alleged) War Crimes: How to Assess US and UK Support for Saudi Strikes in Yemen

US and UK support for Saudi-led military operations in Yemen have received significant attention recently due to reports of strikes that damaged or destroyed hospitals, schools,…

Explainer: What Mental State is Required to Commit a War Crime?

What exactly is the definition of war crimes under international law or, more precisely, what mental state is required to commit such an offence? The synopsis below provides an…
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State Responsibility for Assistance to Foreign Forces (aka How to Assess US-UK Support for Saudi Ops in Yemen)

Airstrikes in Yemen by the Saudi-led coalition have received increased attention in the last few weeks. In her recent post, Beth Van Schaack noted that in addition to the potential…
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The ICRC Updated Commentaries: Reconciling Form and Substance, Part II

Last week, I left off my exploration of the International Committee of the Red Cross’s (ICRC) 2016 Updated Commentaries on the First Geneva Convention of 1949 by asking…
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Letter to the Editor: The Opposite of Discrimination Against Veterans

In Charles Dunlap’s recent article about discrimination against veterans and ROTC, he mentioned Brown as an example of Ivy League discrimination because a “Brown University…
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Third Circuit Holds Suspension Clause Does Not Apply to Non-Citizens Physically (But Not Lawfully) Present in the United States

In a breathtaking 80-page opinion handed down today in Castro v. U.S. Dep’t of Homeland Security, a unanimous panel of the Third Circuit has held that the Suspension Clause…
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A 9/11 Commission Approach to the Russian Hack of the DNC

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…
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Are Saudi-led Coalition Forces Committing War Crimes in Yemen?

This month, Saudi-led coalition forces recommenced airstrikes on Sanaa, the capital of Yemen, targeting the forces of Ansar Allah (known as the Houthis), after peace talks that…
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Why Doesn’t the ABA Consider Discrimination Based on Military or Veteran Status to be an Ethics Violation? [Updated]

Earlier this month, the American Bar Association (ABA) crowed about a resolution (#109) that amended its Model Code of Professional Conduct to include as “professional misconduct”…
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The ICRC Updated Commentaries: Reconciling Form and Substance, Part I

Sean Watts’ July 5, 2016 post focuses attention on two significant documents intended to clarify “how best to read and understand the law of war” in the 21st Century: the…
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Trump’s CEO’s Smear Campaign Against Gold Star Father Khizr Khan – Headlines and Excerpts

Stephen Bannon, the new chief executive of Donald Trump’s campaign, ran the online outlet Breitbart News until joining the campaign. Below is a collection of headlines and excerpts…
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Congress Needs to Press the Pentagon, Saudi Arabia on Abuses in Yemen War

On August 9, one day after the Pentagon notified Congress of its intention to sell $1.2 billion in weapons systems to Saudi Arabia, the Saudi-led coalition resumed airstrikes on…
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