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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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…
Just Security

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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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…
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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)…
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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.…
Just Security

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…
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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…
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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…
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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…
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