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
United States Report to the UN Human Rights Committee: Lex Specialis and Extraterritoriality
The United States was poised to present its views tomorrow to the Human Rights Committee, which monitors state parties’ compliance with the International Covenant on Civil…
Scientists from 37 Countries Call for Ban on Autonomous Lethal Targeting
Today, an organization of scientists released a call for a preemptive legal ban on autonomous weapons systems (AWS) – those that can select and engage targets without human intervention. …
The President’s May 23d NDU Speech in Action: The Broader Significance of the al-Liby and Ikrima Operations [UPDATED Oct. 15]
If reported accounts thus far are accurate, the al-Liby and Ikrima capture operations last weekend are important illustrations of several things that the President and his top…
The Al-Libi Case Is a Step Forward, Even if Not (Yet) A Paradigm Shift
Jack Goldsmith on the Lawfare blog has an interesting response to Mary DeRosa and Marty Lederman’s take on the implications of the al-Libi and Ikrima operations. I agree…
U.S. War in Pakistan (Not the One You Think)
The American public may not feel that it has had a meaningful political debate about going to war in nuclear-armed Pakistan outside the context of drone strikes or the stuff…
Al-Libi: Nine (or Fewer) Days of AUMF Detention
So reports the Associated Press: “U.S. officials say a Libyan terrorist suspect who was held aboard a U.S. warship is now in the United States.” That would mean that…
Humanitarian Intervention and Global Legal Norms
Thank you to Harold Koh for spurring (here and here) a discussion about some of the most important issues of our time—on matters concerning wars of choice and building an effective…
Syria and the Law of Humanitarian Intervention (Part III – A Reply)
My recent two-part essay on Syria, posted on this blog, made both a policy claim and a legal claim. My policy claim was that despite undeniable political miscues, President Obama’s…
The Case of Abu Anas al-Libi: The Domestic Law Issues
It is now well-known that Abu Anas al-Libi was seized in front of his home in Tripoli on Saturday, October 5 and transported to a U.S. ship in the Mediterranean, where he is reportedly…
The Interface of IHL and IHR: A Taxonomy
As the excellent Jinks/Corn/Rona series on IHL/IHR notes, there are a number of theories surrounding the interface between international humanitarian law (or the law of armed conflict)…
Al-Liby: Male Captus, Bene Detentus?
Further to Marty’s post today on the question of Libya’s consent vel non to the recent al-Liby operation, we should also call attention to a long-withheld OLC opinion (13 U.S.…
Benghazi Oversight and the Death of Expeditionary Diplomacy
The assassination of Ambassador Chris Stevens in Benghazi, Libya on 9/11/2012 was a stark and sad example of the risks taken by diplomats who push out into the field in unstable…