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.
4,713 Articles
UK’s Legal Rationale for Drone Strikes Differs Fundamentally From US Rationale
Much of the public commentary concerning the UK’s targeted strike in Syria against a British national who had joined ISIS (along with other individuals with him at the time)…
The Remarkable (and Remarkably Unnoticed) Guantánamo PRB Scorecard
One of the best-kept secrets concerning the ongoing detentions of non-citizens at Guantánamo is the Periodic Review Board (PRB) process being conducted pursuant to Executive…
The Arab Awakening, Civil Society, and the Choice Between Two Ways of Governing
Several weeks ago, I met with Prime Minister Essid and other members of Tunisia’s government and parliament to discuss reforms and the serious economic and security challenges…
Six National Security Questions Presidential Candidates Should Have To Answer
A lot of ink has already been spilled on Carly Fiorina’s … strange … focus in last week’s Republican debate on expanding the (already massive) Sixth Fleet as one of the…
Lifting the Gag Order on One NSL is Good, But It’s Just a Start
Earlier this week, the public got a look at that rare occurrence in a national security case: a court lifting a gag on the recipient of a surveillance request. On August 28, Judge…
ODNI’s Latest Guantánamo Reengagement Numbers Are Encouraging
Earlier this month, the Office of the Director of National Intelligence (ODNI) released its bi-annual assessment of the “reengagement” of released Guantánamo Bay detainees.…
Watching the En Banc Clock in al Bahlul
Just a friendly reminder that the government’s petition for rehearing en banc in the D.C. Circuit in al Bahlul v. United States remains pending… Al Bahlul’s…
ECPA Reform: A Primer
Last week, the Second Circuit heard oral argument in the Microsoft Ireland case (transcript). The dispute raises a number of pressing questions about the Electronic Communications…
When Do Countries Have to Investigate War Crimes?
In late August, the New York Times and others reported that the US Army had reopened a criminal investigation into the murders of at least 17 civilians in Afghanistan in 2012 and…
A Weapon That Keeps on Killing
When the cluster bombs fell on the town of Kaunda in Sudan’s Nuba Mountains in late May, local authorities collected the bomblets that were scattered about and placed them in…
The UK’s Letter to the UN Security Council Leaves Plenty of Unanswered Questions About Last Month’s RAF Drone Strike
Yesterday, I wrote a post helping to untangle some of the international law questions involved in last month’s UK drone strike in Syria that killed three individuals, two of…
The Legal Questions About the UK’s Drone Strike in Syria
The recent revelations of a UK drone strike in Syria targeting British individuals alleged to be linked to the Islamic State has generated much discussion, and the British government…