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 II
Earlier this month, I commented on the similarities and differences between the Updated Commentary on the Geneva Conventions of 1949 and the US Defense Department’s new Law…
Guest Post: US Dollars and Kenya’s ‘Disappeared’
Just over a year ago, in May , 2015, Kenyan Border Patrol police arrested Hussein Ali Abdullahi from his shop in Wajir, northeastern Kenya, and took him to Wajir military camp.…
Secret Law, Targeting, and the Problem of Standards: A Response to Dakota Rudesill
In his recent posts and an article, Dakota Rudesill tackles the phenomenon of secret law. Dakota persuasively describes a growing body secret law, which he defines as “legal…
Donald Trump’s Wall, David Rieff’s Long War, and the Dangers of Fear-Mongering
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…
It’s Time to Come to Terms With Secret Law: Part II
On Wednesday, I summarized the findings of my recent study of alleged secret law in the three branches of the US government and my conclusion that secret law is a limited but important…
Theresa May’s Record on Surveillance, Human Rights, and Counterterrorism
Theresa May, Britain’s newly appointed Prime Minister was previously the UK Home Secretary. In that role she fought for expansive state surveillance powers, blamed human rights…
It’s Time to Come to Terms With Secret Law: Part I
Secret law. The words are chilling. They evoke Kafka, unaccountable government, liberty subordinated to state security – and to some ears, perhaps simply the paranoid rantings…
International Justice Day Round-Up III: Salvadoran Amnesty Law, Germany Apologizes to Namibia over Genocide, Corporate Criminality, and Colombia Ceasefire
This is Part III of an international criminal justice round-up covering ten of the top developments in the field this spring and summer. Part I is here and covers the Habré case,…
The Microsoft Ireland Case and the Future of Digital Privacy
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…
DOJ’s Motion to Dismiss in Smith v. Obama, the case challenging the legality of the war against ISIL
As I noted in an earlier post, Nathan Smith, a U.S. Army captain deployed to Kuwait as part of the campaign against ISIL, Operation Inherent Resolve, has sued the President,…
John Brennan on “enhanced interrogation techniques”
At this event today at Brookings, CIA Director John Brennan reiterated what he has said before: — “you cannot establish cause and effect between the [CIA’s]…
Judge Garland & The Foreign Sovereign Immunity Act
As promised, this post surveys several Foreign Sovereign Immunity Act (FSIA) opinions penned by Judge Garland while on the D.C. Circuit. Judge Garland has had occasion to consider…