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.
4,757 Articles
Does the U.N. General Assembly have the authority to establish an International Criminal Tribunal for Syria?
By all accounts, the U.N. Security Council session this morning will not result in a referral of the situation in Syria to the International Criminal Court (ICC). Because Syria…
The one news item from today’s AUMF hearing
Consistent with the President’s recent War Powers reports, DOD General Counsel Stephen Preston confirmed that Al Qaeda in the Arabian Peninsula (AQAP) is the only “associated…
Lavabit’s Owner Goes Public: His Legal Ordeal Makes For Bad Law
I’ve written several times here about the Department of Justice’s efforts to force secure email provider Lavabit to turn over its encryption keys. The DOJ wanted transactional…
Senate Foreign Relations Committee Hearing on the AUMF after Iraq and Afghanistan
This morning at 10:00am, the Senate Foreign Relations Committee is holding an important hearing on the future of the AUMF after Iraq and Afghanistan. Testifying before the committee…
5 Key NDAA Amendments to Watch For
Congress is considering the National Defense Authorization Act this week, and several proposed amendments in the House to this annual authorization bill would have significant…
Judge Bates and FISA Reform
Over at Lawfare, I have a short post on the terribly weak provisions with regard to a “special advocate” to argue before the FISA Court in the Manager’s Amendment…
Is the CIA Drone Program More Accurate than the DOD’s—and if so, why?
Some commentators suggest that we have the data: CIA-directed drone strikes appear to involve fewer civilian casualties (e.g., less collateral damage) on average than DOD-directed drone…
Secret Courts and the Policy of “Neither Confirm Nor Deny”
On May 2, the English Court of Appeal gave judgment in (1) Mohamed Ahmed Mohamed (2) CF v Secretary of State for the Home Department. The case is the latest development in the…
United States War Crimes Statute & Sri Lanka
Ryan Goodman’s post on Sri Lanka calls for the prosecution under U.S. law of Gotabaya Rajapaksa. In prior posts, we’ve discussed the way in which international crimes (including…
Sri Lanka’s Greatest War Criminal (Gotabaya) is a US Citizen: It’s Time to Hold Him Accountable
Monday, May 19th marks the five-year anniversary of the end of Sri Lanka’s civil war, which claimed the lives of 40,000 to 70,000 civilians in its “catastrophic”…
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…
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…