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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4,625 Articles
Just Security

The Other, Lurking Constitutional Question in al-Bahlul

I would add only one thing to Jen’s thorough summary of the al-Bahlul argument next Monday, about something she references at the very end of her post:  Besides ex post…
Just Security

Resolving Cyber-Related Ambiguities in the Law of War: A Reaction to Jensen

Many thanks to Eric Jensen for his excellent post on cyber issues, the use of force, and international law. The increasing number and sophistication of cyber attacks threatening…
Just Security

Unprivileged Does Not Mean Prohibited

In his latest post, Ryan takes issue with those who argue that it would violate international law for a state civilian agency, such as the CIA, to use force in an armed conflict. …
Just Security

Resolving Cyber Issues Sets the State for Future Weapons

[A note from Ryan Goodman: On Monday, Professor Michael Schmitt helped launch Just Security with a Guest Post on the law of cyber conflict. Professor Eric Talbot Jensen accepted…
Just Security

Syria and the Law of Humanitarian Intervention (Part I: Political Miscues and U.S. Law)

Crises are lived forward but understood backwards.  While it is still too early to know how the Syria crisis of 2013 will end, we can start evaluating what precedents of law and…
Just Security

Good Reasons May Exist to Close CIA Drone Program—But Claim that CIA Agents are “Unprivileged Belligerents” is Not One of Them

Senator John McCain has vowed to accelerate the effort to transition control of drone operations from the CIA to the Pentagon, and he will likely have support from top Senate Democrats.…
Just Security

On Syria, The System Worked

President Barack Obama’s critics have been virtually unanimous in their condemnation of his decision to ask Congress for authorization to use military force against Syria. …
Just Security

The Espionage Act and the Press: A Short Response to Gabe Schoenfeld

In his provocative guest post (which should, if nothing else, provide that much more of a reason to check out tomorrow’s Just Security launch event), Gabe Schoenfeld asks…
Just Security

Will Syria Redefine the Just War?

The past month’s Syria debates have focused on issues of policy and morality, with international law a distant third. The nearly universal agreement that the moral issues matter…
Just Security

Just War in Syria and the U.S. Intervention Syllogism

First, I would just like to note that I am honored to be a part of the founding team of the Just Security blog and look forward to engaging with colleagues and readers throughout…
Just Security

First Drone Strike Victims Planning to Visit US: Will the US Keep Its Transparency Promises?

Next week – for the first time in the history of the US “targeted killing” drone program – alleged survivors of a drone strike and the family members of a deceased victim…
Just Security

EU Law Meets a U.S. Army Deserter

A German Court considering the appeal of a U.S. soldier Andre Shepherd who sought asylum in Germany after deserting his Iraq bound unit in 2007, has made a preliminary reference…
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