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.
4,601 Articles
Law of War Manual: Information or Authoritative Guidance?
Editor’s Note: Just Security is holding a “mini forum” on the new Defense Department Law of War Manual. This series includes posts from Sean Watts and others. After reviewing…
There’s No Reason to Hide the Amount of Secret Law
Last week, President Obama announced a new policy that would allow private parties to pay ransoms to hostage takers. The policy was established through an executive order and an…
The DOD Law of War Manual’s Return to Principles
Editor’s Note: Just Security is holding a “mini forum” on the new Defense Department Law of War Manual. This post is the first in a series. Stay tuned for more from Eric…
The Defense Department Stands Alone on Target Selection
A deeply troubling provision in the Defense Department’s new Law of War Manual suggests that commanders are not legally required to minimize civilian casualties when selecting…
Human Shields and Proportionality: A Reply to Charlie Dunlap
In its new Law of War Manual, the Defense Department takes the position that harm to human shields, no matter how extensive, will be “understood not to prohibit attacks under…
Has the CIA Asked the FISC to Restart Its Bulk Collection Program?
There’s a curious gap in the documents currently posted on the FISC’s public docket — one that suggests the NSA call records program isn’t the only type of bulk collection…
Human Shields and the DOD Law of War Manual: Can’t We Improve the Debate?
In a recent post, Prof. Adil Ahmad Haque attacked the new Defense Department Law of War Manual’s position on proportionality and human shields. Evidently, Haque thinks that the…
Latest UK Judgment on Post-Snowden Surveillance
On June 22, the UK’s Investigatory Powers Tribunal (IPT) gave its latest judgment in the post-Snowden surveillance litigation brought by several NGOs against the UK Government…
“Expense,” “Delay,” and the Inauspicious Debut of the USA FREEDOM Act’s Amicus Provision
I have very little to add to Liza Goitein’s thorough and excellent post from this morning, which explains–quite forcefully in my view–why Judge Saylor’s…
The Defense Department’s Indefensible Position on Killing Human Shields
The Defense Department apparently thinks that it may lawfully kill an unlimited number of civilians forced to serve as involuntary human shields in order to achieve even a trivial…
Questions That Should be Asked About Seal Team 6 and the Laws of War
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…
The CIA Can’t Keep Its Drone Propaganda Straight
This week, one government intelligence agency, after patiently and methodically tracking a terrorist leader for months through precise electronic surveillance, successfully targeted…