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.
4,622 Articles
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…
U.S. Military Operations Against al-Shabaab/al-Qaeda—and Who Exactly is Ikrima?
What domestic legal authority did President Obama invoke to send a team of Navy SEALs into Somalia this weekend to capture or kill a member of al-Shabaab, the terrorist organization…
The Capture of Abu Anas al-Liby and the Attack on an al-Shabaab Leader [UPDATED as of Monday morning]
A couple of notes to follow up on Steve’s post [with UPDATES through Monday morning]: Abu Anas al-Liby is alleged to have been a leader in the al Qaeda conspiracy to bomb…
The Baraawe Raid: A Test for the Obama Administration’s View of al Shabab? [UPDATED]
[Update: 10:10 p.m. (EDT): It now appears that earlier reports were premature–and that the Baraawe raid may have resulted in the death of the senior Shabab leader earlier…
Food for Thought on the Effectiveness of Drone Strikes
For those following the drone debates, this new study published last week by the US Army War College Strategic Studies Institute is definitely worth a read. Though I haven’t…
Significant Fast & Furious Opinion in Oversight Committee v. Holder
On Monday, a federal district court refused to dismiss the congressional civil contempt action in Committee on Oversight and Government Reform v. Holder (“Holder”). This opinion…
NSA Bulk Collection, the “Corporate Store,” and the Forgotten ECPA Loophole
This weekend’s New York Times report on NSA aggregation of large databases to map the social networks of US citizens contains a reminder that the vast bulk phone records…
Syria and the Law of Humanitarian Intervention (Part II: International Law and the Way Forward)
My first post for Just Security explained why, despite some bungled politics, President Obama’s proposed military action in Syria could have been lawful under U.S. domestic law.…
Debate (Round 2): A Reply to Rona and Corn
This post is the final post in a series from Gabor Rona, Geoffrey Corn, and Just Security’s Derek Jinks. The debate addresses a fundamental question for US national security…