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
International Law à la Carte: Brian Egan’s Jus ad Bellum Doctrine
Last week’s speech by State Department Legal Adviser Brian Egan laying out the legal and policy rationales behind the US’s war against ISIL was largely overlooked in the mainstream…
The Obama Administration Has Embraced Legal Theories Even Broader Than John Yoo’s
The Justice Department recently released another of the now-notorious Office of Legal Counsel memos written by John Yoo — memos that authorized torture, warrantless wiretapping,…
Military Justice and Its Reform
Congress is examining a significant Obama administration legislative proposal concerning military justice. The proposal provides an occasion to think not only about what ought…
ODNI Response on Increased Intelligence Sharing Still Leaves Questions and Concerns
In late February, The New York Times reported that the administration was preparing to expand sharing of the mass signals intelligence collected by NSA pursuant to Executive Order…
A brief response to Gabor Rona on the use of force by non-military personnel
Gabor Rona is correct, of course, that (absent a later-in-time statutory override) U.S. use of force must comply with international law, regardless of the identity of the U.S.…
When Considering CIA Targeted Killings, Don’t Forget International Law!
Last week, Marty Lederman addressed the legality and wisdom of CIA engagement in targeted killings under domestic law. Applicable international law, however, suggests that CIA…
[UPDATED–Now with VIDEO] ASIL Speech by State Legal Adviser Egan on international law and the use of force against ISIL
Brian Egan, the new State Legal Adviser — and until recently the Legal Adviser to the National Security Council — just delivered this speech to the American Society of International…
Bye-Bye Birdie: reddit’s Warrant Canary Disappears
Sometimes, saying nothing says quite a lot. At the end of January 2015, the online bulletin board reddit issued a “transparency report” that informed its users, and the broader…
Four Takeaways From State v. Andrews
On Wednesday, an appellate court in Maryland handed down a major loss to the government, one that will send police and prosecutors back to the drawing board (or at least back to…
Georgetown Law panel on DOD Law of War Manual
Unfortunately, it appears that Oona’s ASIL panel on the new Law of War Manual yesterday was not recorded. I hope that perhaps some who attended will be able to convey some…
US Foreign Assistance Fails to Support the Reproductive Health Needs of Genocide Victims
In a groundbreaking move on March 17, Secretary of State Kerry accused Daesh — another name for the Islamic State — of committing acts of genocide against ethnic and religious…
The Law of War Manual Debate Goes to ASIL
Today, at the American Society of International Law Annual Meeting, I will be moderating a panel of on the US Department of Defense’s new Law of War Manual. (Full disclosure:…