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.
4,801 Articles
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…
Delay and Detention at Obama’s Guantánamo: The Missing PRBs
As Steve Vladeck noted last week, lawyers for Guantánamo detainee Mohamedou Ould Slahi filed a motion in his habeas corpus case demanding that the Obama administration…
Abu Ghraib and the Perversion of the Political Question Doctrine
I’ve written extensively about the important and complex legal questions raised by state-law tort suits against private military contractors, many of which have arisen in…
ISIL’s Online Offensive: Challenges in Countering ISIL in Cyberspace
The US-led campaign against ISIL is going well in neither the terrestrial nor cyber realms. ISIL’s successful offensives against Ramadi in Iraq and Palmyra in Syria in late May…
Major Second Circuit Ruling Sides With Immigrants Subjected to Post-9/11 Roundup
I’ve written at some length in the past about judicial hostility to damages suits brought by victims of allegedly unlawful post-9/11 counterterrorism policies. I may have…