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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Human Rights Groups Release Investigation Reports into US Targeted Killings: A Guide to the Issues

Today, Human Rights Watch (HRW) and Amnesty International (AI) released two detailed studies of US targeted killings in Yemen and Pakistan, putting forward specific evidence of…
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Al-Qaeda, the Law on Associated Forces and “Belonging to” a Party (did the new UN drones reports get it right?)

[Editor’s note: Kevin Jon Heller responds to Ryan in a Guest Post, and Ryan replies in a subsequent post. A Guest Post by UN Special Rapporteur Christof Heyns also addresses…
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UN Drone Strike Inquiry: Summary of the New Interim Report

Today, the UN Special Rapporteur on human rights and countering terrorism, Ben Emmerson QC, issued an interim report on his international investigation into drone strikes and targeted…
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Second Major UN Drones Report Now Publicly Available

The second major UN Report on drones this week is now publicly available — by Ben Emmerson, Special Rapporteur on Human Rights and Counterterrorism. Just Security’s Sarah…
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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…
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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. …
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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…
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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…
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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…
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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…
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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…
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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…
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