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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CAMP SHORAB, AFGHANISTAN - SEPTEMBER 11: A U.S. Army helicopter flies outside of Camp Shorab on a flight to Camp Post on September 11, 2017 in Helmand Province, Afghanistan. About 300 marines are currently deployed in Helmand Province in a train, advise, and assist role supporting local Afghan security forces. Currently the United States has about 11,000 troops in the deployed in Afghanistan, with a reported 4,000 more expected to arrive in the coming weeks. Last month, President Donald Trump announced his plan for Afghanistan which called for an increase in troop numbers and a new conditions-based approach to the war, getting rid of a timetable for the withdrawal of American forces in the country. (Photo by Andrew Renneisen/Getty Images)

Opaque Transparency on the Use of Force: Observations on the 2022 “1264” Report

The 2022 report illustrates the limits of congressionally mandated reporting requirements on matters of war and peace and the need for Congress to be more proactive in informing…
U.S. Department of Homeland Security Secretary Alejandro Mayorkas wears a dark suit and red tie while sitting in the East Room of the White House.

Republicans Are Calling to Impeach Homeland Security Secretary Alejandro Mayorkas, Here’s Why Their Case is Bunk

The arguments to impeach Sec. Mayorkas boil down to disapproval of the Biden administration’s relaxation of Trump-era immigration policies.
Protestors make a human chain in front of NATO headquarters, demanding NATO membership and weapons for Ukraine on November 27, 2022 in Brussels, Belgium. (Photo by Thierry Monasse/Getty Images)

To Secure Peace in Europe, Bring Ukraine into NATO

Contrary to much either-or handwringing, diplomatic history points to myriad ways and conditions to accomplish this goal.
Russia's navy ships and helicopters take part in a military exercise called Kavkaz (the Caucasus) 2016 at the coast of the Black Sea in Crimea on September 9, 2016.

Are Methods of Naval Warfare at Risk Under “Qualified” Neutrality? Expert Q&A from Stockton Center’s Russia-Ukraine Conference

Absent a clear indication in State practice to the contrary, qualified immunity should not effectively transform what would otherwise be contraband into “free goods” immune…

Still Time for Diplomacy: Nuclear Negotiations with Iran Are Imperative

The urgency of diplomacy on Iran's nuclear program must match the urgency of the proliferation risks.
Exterior View of the new International Criminal Court building in The Hague on July 30, 2016 in The Hague The Netherlands.

Unpacking New Legislation on US Support for the International Criminal Court

"Congress has now given the Biden administration the tools it needs – both legal and political -- [to provide US support to the ICC Prosecutor] and the ball is now in its court."
The National Security Agency (NSA) headquarters at Fort Meade, Maryland, as seen from the air, January 29, 2010.

The Year of Section 702’s Reauthorization: A Reply on “Back Door” Searches

There are targeted, sensible reforms regarding use of Section 702-acquired information by the FBI for non-national security investigations that would avoid throwing the baby out…
a guard tower is visible behind a razor-wire fence at the detention camp on July 23, 2008 at Guantanamo Bay U.S. Naval Base, in Cuba.

Rehabilitation for Torture at Guantanamo is a Moral and Legal Imperative

To be an effective leader, the United States must honor its commitments under the Convention Against Torture.
U.S. President Joe Biden (R) meets with President of Ukraine Volodymyr Zelensky (L) in the Oval Office of the White House on December 21, 2022 in Washington, DC. Zelensky is meeting with President Biden on his first known trip outside of Ukraine since the Russian invasion began, and the two leaders are expected to discuss continuing military aid. Zelensky will reportedly address a joint meeting of Congress in the evening.

Almost There: When Will the Biden Administration Support the ICC in Ukraine?

The ICC’s investigation may be the only viable effort to hold accountable certain senior Russian officials responsible for horrific atrocities in Ukraine. The only thing that…

Насильницьке переміщення Росією українських цивільних осіб: Громадянське суспільство, підзвітність, справедливість

Ці спільні зусилля є практичним проявом єдності та солідарності міжнародної спільноти, спрямованої…

Russia’s Forcible Transfers of Ukrainian Civilians: How Civil Society Aids Accountability and Justice

A Ukrainian whose organization received the Nobel Peace Prize writes with an exiled Russian democracy activist and a US legal-rights advocate on the challenge of documenting these…
shot of soldiers lining up

Lieber at Sand Creek: A New Critical Reinterpretation of the Laws of War

Lieber’s Code reflected and reproduced a virulent thread in the law of nations that preceded him by centuries and continues today.
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