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.
2,864 Articles
No “State”-ing the Obvious for Palestine: Challenging the ICC Prosecutor on Territorial Jurisdiction
The judges have been tossed the hot statehood potato in a situation where neither the factual circumstances nor legal issues are sufficiently clear.
The FBI and Apple Redux
It remains to be seen how this new clash will resolve itself, but the stakes have only increased for both sides.
Improve FISA on Civil Liberties by Strengthening Amici
A series of recommendations could position amici to make forceful civil liberties and privacy arguments, effecting change from within the FISA court system.
Congress Is Ready for FISA Reform — Will the House Judiciary Committee Rise to the Occasion?
In the next 24 hours, the House Judiciary Committee has a unique opportunity to seriously reform FISA surveillance powers.
Head of State Immunity is Too Important for the International Court of Justice
If the United Nations General Assembly, or another competent U.N. organ, simply requests an advisory opinion from the International Court of Justice, then its member States would…
Video of Panel on the “Crisis at the Justice Department”
Bob Bauer, Lisa Monaco, and Andrew Weissmann, with Ryan Goodman (moderator).
Senators Call for Prosecution of Gambian Paramilitary Fighter in US Custody
Rare opportunity to criminally prosecute a person implicated in extremely grave human rights abuses in a U.S. court.
The Soul of the Justice Department: Who Must Stand Up For It Now
A powerful essay by Lisa Monaco, who served in the Clinton, George W. Bush, and Obama Justice Departments before serving as Assistant to the President for Homeland Security.
Military Justice Reform, the 2020 Pledge, and the President’s Power
A pledge by presidential candidates is necessary but more could be done. The next Congress should prioritize the independent military prosecutor measure. Failing that, a president…
How to Improve the Human Rights Committee Draft General Comment on 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…
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…