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.
2,994 Articles
Déjà Vu All Over Again: Racial Disparity in the Military Justice System
Fifty years ago, a task force seeking to determine the nature and extent of racial disparities in the U.S. military justice system, grappled with many of the same questions that…
Dannehy Resignation Confirms Barr’s Intent to Use Durham Probe for Political Ends
Nora Dannehy's involvement in the Justice Department's Russia probe, being led by U.S. Attorney John Durham, gave the endeavor a veneer of legitimacy. Now, that is now gone.
Breaking: Colonel Montano, Extradited from the United States, Found Guilty of the Jesuits Massacre by Spanish Court
UPDATE: The judgment is available here (in Spanish). A Spanish court has convicted Colonel Inocente Orlando Montano for his role in the 1989 massacre of six Jesuit priests, their…
Toward a New Approach to National and Human Security: Close Guantanamo and End Indefinite Detention
Closing Guantanamo responsibly is not an intractable problem, the checkered history of prior efforts notwithstanding. It can be done, and in relatively short order, if decision-making…
Egypt’s Agenda for Reshaping the UN on Counterterrrorism
The draconian prosecution, trial and sentencing of Bahey eldin Hassan helps Egypt delegitimize human rights as central to counterterrorism.
Part 2 – Tanker, Jailer, Soldier, Sailor: Functional Immunity and the Enrica Lexie Award
At the heart of the Enrica Lexie dispute-- a clash between an Italian tanker and an Indian fishing boat-- lies a question of jurisdictional immunity: was India barred from exercising…
The Troubling Free Speech Implications of Trump’s TikTok/WeChat Sanctions
When expressive activity is increasingly happening online, we should all be concerned about expansive presidential powers that can effectively shut down some of those avenues of…
The D.C. Circuit, Conspiracy, and the Guantanamo Military Commissions: Third Time’s the Charm?
Eleven years since Congress authorized the third generation of post-9/11 Guantanamo military commissions, the substantive law governing them remains in doubt. The case of Bahlul…
A Test for the US Posture on the Int’l Criminal Court: “Safe Harbor” Licenses?
A US willingness to consider mitigation will signal the true intent of sanctions against the ICC prosecutor and a division director.
Part 1 – Tanker, Jailer, Soldier, Sailor: Functional Immunity and the Enrica Lexie Award
At the heart of the Enrica Lexie dispute-- a clash between an Italian tanker and an Indian fishing boat-- lies a question of jurisdictional immunity: was India barred from exercising…
Why Them? On the U.S. Sanctions Against Int’l Criminal Court Officials
What messages is the United States sending by targeting Fatou Bensouda and Phakiso Mochochoko in particular?
The Trump-Alfa Bank Server Mystery Resurfaces
The recent release of the final volume of the Senate Intelligence Committee report on Russian 2016 election interference and two new lawsuits by Russia’s Alfa Bank have brought…