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
Key Government Legal Offices Need Permanent Leadership
The Obama administration is confronting a range of foreign crises. Options for responding will continue to present difficult questions of both domestic and international law. And…
Rosenberg vs. Pasha: Distinguishing Two Questions of Foreign Official Immunity
Last week, I responded to my friend John Bellinger’s comments about the district court’s ruling on foreign official immunity in the Singh case. John has a new post at Lawfare…
Targeting Al-Shabaab’s Godane is not the same as targeting Al-Shabaab
On Monday, the US military conducted an airstrike in Somalia, in which the primary target was reportedly Ahmed Abdi Godane, the leader of the militant group Al-Shabaab. Based…
Harold Koh on the International and Domestic Legal Options for Containing ISIL
Just Security’s Harold Koh has a must-read piece in Politico, analyzing the legal and policy choices for the President to confront ISIL. Harold stakes out several important…
International Law on Airstrikes against ISIS in Syria
The administration is actively considering the option of using military force against ISIS in Syria. As the New York Times editorial board states today: “The United States, however,…
Australia’s collateral damage in the US drone program
In the last few years there has been a hotly contested global debate about the civilian impact of the U.S. drone strike program and its moral and legal justifications. Despite…
The National Security Implications of Pakistan’s Latest Political Crisis
Once again, Pakistan is suffering from a self-induced political crisis. For days, street protests led by opposition politicians Imran Khan and Tahir-ul-Qadri have paralyzed Islamabad…
Hope for Yemeni Detainees?
Over at Politico, Josh Gerstein reports that the Obama administration has broken its self-imposed suspension of transfers to Yemen and sent two long-term detainees from U.S. military…
The Administration’s Theory for How the 2001 AUMF Could Apply to ISIS
Senator Tim Kaine, in a statement on Monday, marked out the position that expanded military operations against ISIS are not covered by Congress’s 2001 authorization for use of…
Does the Administration consider the War Powers Resolution applicable in Iraq?
Some might think a recent report in the Washington Post provides significant information on the administration’s views on the applicability of the War Powers Resolution (WPR)…
Cert. petition in Ali accepts Justice Breyer’s invitation
As I posted back in April, Justice Breyer issued a statement respecting denial of certiorari in the case of Hussain v. Obama in which he more or less invited Guantánamo habeas…
Fast and Furious: Mixed Ruling in Oversight Committee v. Holder
This week, Judge Amy Berman Jackson issued an important opinion in Oversight Committee v. Holder, ongoing litigation in federal court in the District of Columbia. After the House…