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.
4,606 Articles
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…
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…
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…
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…
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…
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…
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…
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…
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…
Towards a Global Debate? UN Human Rights Council Takes on Drones
On Monday, the UN Human Rights Council’s (HRC) expert panel on the use of armed drones and international law, expressed clear consensus around the need for greater transparency…
Australia, France, Netherlands Express Legal Reservations about Airstrikes in Syria [Updated]
In his speech before the United Nations on Wednesday, President Obama stated that “over 40 nations have offered to join this coalition” to dismantle the Islamic State of Iraq…
UK High Court Hears Case of Pakistani Held for a Decade Without Charges by UK and US
On Sept. 23, the United Kingdom High Court began its three-day hearing of a case involving the alleged kidnapping, torture, detention, and subsequent rendition of Pakistani citizen…