Courts & Litigation
Just Security’s expert authors offer analysis and informational resources on key litigation impacting national security, rights, democracy, and the rule of law. Our content spans domestic and international litigation, from cases at the International Court of Justice, the International Criminal Court, and other international and regional tribunals, to those in U.S. courts involving executive branch actions, transnational litigation, and more.
2,854 Articles
The Military Justice Dimension: Constraints on Military Personnel in Handling Civil Unrest
Top Expert Backgrounder: How the code of military justice applies to National Guard and other military personnel responding to protests. What must they do if the president issues…
Trump Administration Reverses Position on Corporate Liability Under Alien Tort Statute
In a brief filed last week, the Trump administration reversed its position on corporate liability under the Alien Tort Statute (ATS), urging the Supreme Court to grant certiorari…
Understanding the Michael Flynn Case: Separating the Wheat from the Chaff, and the Proper from the Improper
What follows is an effort to identify and evaluate many of the most important aspects of the Flynn affair, roughly in chronological order from the Summer of 2016 to today.
Trump’s Executive Order Targets Twitter, Capitalizing on Right-Wing Grievance
Even if it doesn't lead to action, the threat of regulatory pressure aims to bully social media companies into continuing their hands-off approach to Trump.
Jurisdiction at Guantanamo: The Case of Long-Term Complicity
The commission should stop asking whether the acts of facilitation occurred during an armed conflict. Rather, the commission should be asking whether the defendants facilitated…
Eli Lake’s Omissions and Misleading Facts in Defense of Michael Flynn
Lake's essay has been called “the best summary of the pro-Flynn argument you'll ever read,” but former US Attorney and Professor Barbara McQuade finds Lake's analysis omits…
Why Facebook’s Oversight Board is Not Diverse Enough
The current membership is insufficiently representative, particularly of Southeast Asia, and overwhelmingly American for a body that purports to be global and independent of Facebook.…
A Conversation With U.N. Special Rapporteur David Kaye: COVID-19 and Freedom of Expression
Ryan Goodman, Just Security's co-editor-in-chief, recently posed a series of questions to David Kaye, U.N. Special Rapporteur on Freedom of Opinion and Expression.
Facebook’s Oversight Board: A Meaningful Turn Toward International Human Rights Standards?
That depends on how it will weigh Facebook’s community standards and values against global norms in its content-moderation decisions.
Turkey Opened the Door to the European Court of Human Rights for Syrian Victims
With Turkey's occupation of parts of northern Syria, a new venue may now be available to victims: the European Court of Human Rights.
The Significance of the Supreme Court’s Opati Decision for States and Companies Sued for Terrorism in U.S. Courts
On Monday, the Supreme Court issued its decision in Opati v. Republic of Sudan opening the door to victims of the 1998 U.S. embassy bombings in Nairobi and Dar es Salaam to pursue…
COVID-19 and the Shrinking Civic Space in Nigeria
With the same rapidity as its spread, COVID-19 seems to be taking over as the major driver of shrinking civic space in many parts of the world, displacing the popular buzzwords:…