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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Int’l Criminal Court’s Examination of U.S. Treatment of Detainees Takes Shape

On Tuesday, the Chief Prosecutor of the International Criminal Court announced, in the most explicit and detailed terms to date, that the U.S. treatment of detainees captured in…
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The Senate Torture Report Should Name Victims

The Senate Intelligence Committee finally appears ready to release a redacted summary of its report on CIA torture and abuse of suspected terrorists. The release of this document…
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Drone Courts: The Wrong Solution to the Wrong Problem

A new chapter by Professors Amos Guiora and Jeffrey Brand–“Establishment of a Drone Court: A Necessary Restraint on Executive Power“–has been receiving…
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U.N. Committee Criticizes U.S. Record on Torture, Praises U.S. on Extraterritorial Reach of Treaty

On Friday, the United Nations Committee against Torture released its report (full text) on U.S. compliance with the Convention Against Torture. The Committee’s review included…
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What is the Remedy for American Torture?

Asst. Sec. of State for Democracy, Human Rights, and Labor, Tom Malinowski stated to the UN Committee on Torture two weeks ago that: A little more than ten years ago, our government…
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The Global Reach of the U.S. Position on Torture

The U.S. government’s public pronouncement that the Convention Against Torture (CAT) applies beyond U.S. borders and in situations of armed conflict—its unequivocal “yes”…
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The US Needs a New International Strategy for Cyberspace

Editors’ Note: The following post is the latest installment of our weekly feature, “Monday Reflections,” in which a different Just Security editor will take an in-depth…
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Why the immigration initiative has nothing to do with assertions of executive constitutional power

My quick take here, dispelling some of the more common misunderstandings about the legal bases of the Executive’s new immigration policies.
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Takeaways from the House Intelligence Committee Cybersecurity Hearing

On Thursday morning, the House Permanent Select Committee on Intelligence held a hearing on “Cybersecurity Threats: The Way Forward,” featuring testimony by Adm. Michael Rogers,…
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The Hicks Military Commission Appeal

Just over a year ago, I wrote a post about the David Hicks and Omar Khadr cases–and the very real possibility that, as a result of the D.C. Circuit’s decision in “Hamdan…
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The End of the Snowden Affair

Sometime around 7:30 p.m. (EST) last night, the 17-month-long national conversation over how to reform U.S. foreign intelligence surveillance authorities effectively ended when…
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Obama Administration’s Position on the UN Torture Convention: New? Yes. Significant? Not so much

Could it be that American international law experts and human rights advocates are suffering from some form of Stockholm Syndrome — so many defeats and dashed hopes at the…
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