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
Guantanamo’s Ugly Taint on U.S. Diplomacy
Watching the Guantanamo proceedings from behind the courtroom's safety glass brings to mind a different prison, halfway around the world, in Egypt.
Sudan Announces Intention to Have al-Bashir and Others “Appear” Before the ICC
Sudan's transitional government said al-Bashir and others indicted by the ICC for atrocities in Darfur must "appear" before the Court, but whether extraditions will occur remains…
Congressional Science and Technology Capacity Must Be Revitalized
The time is now for Congress to build out its own expert capacity so that it can oversee — and, if necessary, try to compensate for the loss of — the highly technical expert…
The Use of Regional Jurisprudence in UN Draft General Comment on the Freedom of Assembly
Editor’s note from Ryan Goodman: Just Security is publishing a mini-forum on a significant document being drafted by the United Nations Human Rights Committee concerning the…
Crossing the Line from Use of Force to Torture in Response to Peaceful Demonstrations
Editor’s note from Ryan Goodman: Just Security is publishing a mini-forum on a significant document being drafted by the United Nations Human Rights Committee concerning the…
UN Report Should Pressure Countries to Repatriate Foreign Fighters
A new UN report raises serious doubts about the respect of fundamental rights for those accused of being members of the Islamic State and facing trial in the Iraqi court system.…
Deciphering the FISC’s Order on the Carter Page FISA Application
What will the Justice Department do in response to what it's learned about the FBI’s flawed application to wiretap Carter Page?
The Draft General Comment on Freedom of Assembly: Might Less Be More?
Former member of the UN Human Rights Committee, Harvard's Gerald Neuman, critically analyzes the Committee's draft document on peaceful assembly.
The Right of Peaceful Assembly: UN Committee Weighs in on the ‘Age of Protest’
The second in our series published on the UN draft document, with opportunity for public comments.
Behind Myanmar’s Military Alibi: A Path for Compliance with the ICJ’s Order to Protect Rohingya
It will be important to identify the pathways for Myanmar to comply within a governmental system that gives its military extensive autonomy, while not allowing it to hide behind…
Myanmar’s Commission Report Delivers Genocide Denial Playbook
Ignoring such propaganda only risks undermining efforts to stop atrocities.
U.K. Proposes to Limit Accountability for Violations by Armed Forces
The British government is considering an unprecedented and comprehensive package of measures designed to shield both individual members of the Armed Forces and the Ministry of…