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.

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4,597 Articles
Just Security

Bugs, Bounties, and Blowback

Last week news broke of a major software bug—now termed “Shellshock”—in open-source software used in Linux and UNIX operating systems. Security experts have warned that…
Just Security

Sustaining the War Effort: Targeting Islamic State Oil Facilities

Much of the legal analysis about the United States and its coalition partners’ airstrikes in Syria to date has concentrated on whether such strikes are lawful. The commencement…
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Here’s the New U.S.-Afghanistan Bilateral Security Agreement

After much confusion over which was the final security agreement (news organizations citing it had linked to a November 2013 “predecisional” version) I’ve just…
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Constitutional “Cross-Ruffing”: My New Article

About a year ago, I wrote about the Second Circuit’s decision in the Ghailani case, in which, among other things, the Court of Appeals rejected a former Guantánamo detainee’s…
Just Security

Assessing the Claim that ISIL is a Successor to Al Qaeda—Part 1 (Organizational Structure)

The administration’s position that ISIL is a successor of al-Qaeda deserves serious consideration. We do so in this post, and show some serious flaws in this position. What hangs…
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Security Agreement With Afghanistan Raises Key Questions About How and When War Ends

Today, the United States and Afghanistan signed a long-awaited bilateral security agreement. The U.S. government promised to withdraw combat troops by December, and to leave nearly…
Just Security

War: What is it good for? 20 ISIL Questions for Congress

We still don’t know if Congress will even vote on providing new and specific authorization for a military campaign in Iraq and Syria. Thankfully, responsible members of Congress…
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The Foreign Fighter Resolution: Implementing a Holistic Strategy to Defeat ISIL

United Nations Security Council Resolution 2178, adopted on September 24 after a debate involving dozens of world leaders, including United States President Barack Obama, is legally…
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Obama’s ISIL Legal Rollout: Bungled, Clearly. But Illegal? Really?

Editors’ Note: The following post is the fourth installment of a new feature, “Monday Reflections,” in which a different Just Security editor will take a…
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French Prime Minister’s Statement on Action Against ISIL

On Wednesday, French Prime Minister Manuel Valls addressed the Assemblée Nationale regarding France’s actions against ISIL (“Daech” in French). Valls called ISIL a “double…
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Having Crossed the Rubicon: Arming and Training Syrian Rebels

Significant public discussion has focused on whether airstrikes against ISIL in Syria violate the international legal prohibition on the use of force. Remarkably what has largely…
Just Security

ISIL as an Insurgency and a Terrorist Threat

Yesterday, I posted four preliminary observations about the campaign against ISIL. My fourth observation emphasized the point that the United States-led efforts against ISIL must…
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