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.
4,594 Articles
Update: French Text Referring Syria to ICC Said to Replicate Standard Exemptions for US
In a post this morning, I discussed the language reported in the press of a draft Security Council resolution referring Syria to the International Criminal Court. The question…
ODNI clarifies more limited effect of its new preclearance policy
Steve Aftergood reported yesterday on a new Office of Director of National Intelligence Instruction 80.04, which appeared to establish new restrictions, and a more robust “prepublication”…
How “Similar” is US Exemption on Draft UNSC Referral of Syria to the ICC?
[Editor’s Note: Check out Ryan’s updated post, “Update: French Text Referring Syria to ICC Said to Replicate Standard Exemptions for US.”] Yesterday I…
Preview: Lithuania to Face Questioning by UN Committee against Torture about “Black Sites”
On Monday, the UN Committee against Torture (“the Committee” or “the CAT Committee”) will review Lithuania’s third periodic report on its compliance with the Convention…
Magistrate’s Compliance: Searching Electronic Data Overseas
Amidst all the talk about the so-called Magistrates’ Revolt (referring to a group of magistrates pushing back against the government’s broad electronic search requests), it’s…
Where is al-Bahlul??
I’d previously only been tweeting about this, but it seems worth a proper post to flag the remarkable fact that it’s now been well over seven months (!) since the…
Interrogation-Based Detentions and the Law of Armed Conflict: What Mohammed v. Ministry of Defense Didn’t Have to Say
I am working on a post that dives into the core issue in Mohammed v. Ministry of Defense (MOD)—whether the law of armed conflict (LOAC) permits security-based detentions in non-international…
Developments on Autonomous Weapons Systems Governance
For Just Security readers following the emerging debate on the legal governance of autonomous weapons systems (AWS), this month is very eventful with two noteworthy developments…
More on Military Courts and Article III
A little over a month ago, I posted about my forthcoming article, “Military Courts and Article III,” a copy of which is now available via SSRN. For folks who prefer…
The D.C. District Court’s Power to Hear the New Nashiri Suit
As Wells Bennett noted on Friday over at Lawfare, attorneys for Abd al-Rahim al-Nashiri, a Guantánamo detainee facing capital charges before a military commission for his alleged…
SSCI Report Names Djibouti as Host to CIA “Black Site,” as Case Pends before the African Commission
Djibouti is named as a host of a CIA “black site” in the Senate Select Committee on Intelligence (SSCI) report examining the extraordinary rendition and secret detention…
Benghazi Oversight Updates: Of “Smoking Guns,” Judges & Committee Rifts
There have been a few developments over the last week in the ongoing congressional oversight activity related to the terrorist attack on U.S. personnel and facilities in Benghazi,…