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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Governments Conclude First (Ever) Debate on Autonomous Weapons: What Happened and What’s Next

This week at the United Nations in Geneva, the 117 states parties to the Convention on Certain Conventional Weapons (CCW) held the first inter-governmental debate on autonomous…
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The Limits of the Logic that the Power to Kill includes the Power to Detain

I will soon have a longer post on the UK High Court judgment in Mohammed v. Ministry of Defense, but here I want to consider a specific argument that implicates the authority of…
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Serdar Mohammed: A View onto U.S. Detentions

[Editor’s Note: This post is part of a“mini forum” hosted by Just Security that analyzes different elements of the judgment in Serdar Mohammed v. Secretary of State for…
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The “Culture of Misinformation” and the Government’s Representations to the Supreme Court in Clapper

In yesterday’s New York Times, Charlie Savage had a new installment in his series about the government’s representations (and misrepresentations) in Clapper v. Amnesty, a…
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Backgrounder: Preliminary Examination into Abuses by United Kingdom Personnel in Iraq

As we reported earlier, the ICC Office of the Prosecutor has reopened the preliminary examination into crimes committed by United Kingdom personnel in Iraq from 2003-2008  during…
Just Security

Crowdsourcing Intelligence – Putting Smart Phones to Good Use

It is painfully clear that there are vast reservoirs of useful, untapped information in the hands of individuals across the world who are already tethered to the digital environment. …
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Why Civil Libertarians and Drone Critics Should Support David Barron

Sen. Rand Paul has an op-ed in the New York Times today opposing the nomination of David J. Barron to the U.S. Court of Appeals for the First Circuit until the memos Barron wrote…
Just Security

What’s Missing in New York Times’ “Latest” Version of US Military Role in Yemen

This weekend’s New York Times provided new details of a US special operations commando and a C.I.A. officer who killed two individuals attempting to kidnap the Americans inside…
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Letter to the Editor from Gabor Rona, Mohammed v. Ministry Defense and the ICRC’s Position

I don’t know if the ICRC will make any attempt to clarify its position, but I think the Court in Serdar Mohammed is wrong to suggest that the ICRC believes there is inherent…
Just Security

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…
Just Security

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”…
Just Security

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…
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