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.

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2,864 Articles
The cap of the United States Capitol Building

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…
Pro-democracy protesters are pinned on the ground by police during a demonstration in Wan Chai district on October 6, 2019 in Hong Kong, China. Police wear full riot gear including gas masks.

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…
Egyptian police wave batons at demonstrators demanding the ouster of President Hosni Mubarak and calling for reforms on January 25, 2011 in central Cairo.

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…
French jihadist Djamila Boutoutaou attends her trial at the Central penal Court in Baghdad, on April 17, 2018.

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.…
FBI Building in Miami, Florida.

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?
A man takes part in a protest against the walkover victory of Halimah Yacob as Singapore's President at Hong Lim Park in Singapore on September 16, 2017. He wears tape over his mouth and another over his chest, both reading, “Not my president.”

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.
People demonstrate to support the Polish Supreme Court Justice president in front of the Supreme Court building, on July 4, 2018 in Warsaw.

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.
A representative of the Rohingya group greets Gambian Justice Minister Abubacarr Tambadou at the meeting held at the International Court of Justice on January 23, 2020 in The Hague, Netherlands.

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…
Rohingya refugees watch ICJ proceedings at a restaurant in a refugee camp on December 12, 2019 in Cox's Bazar, Bangladesh.

Myanmar’s Commission Report Delivers Genocide Denial Playbook

Ignoring such propaganda only risks undermining efforts to stop atrocities.
Members of the 7th Armoured Brigade, who have recently returned from service on operations in Iraq, march through Parliament Square towards the Houses of Parliament on February 23, 2009 in London.

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…
Hundreds of people gather in lower Manhattan for a "Lights for Liberty" protest against migrant detention camps and the impending raids by Immigration and Customs Enforcement (ICE) this coming weekend in various cities on July 12, 2019 in New York City.

United Nations Sets Standards on Peaceful Assemblies and the Use of Less Lethal Weapons

Just Security is publishing a mini-forum on a significant document being drafted by the United Nations Human Rights Committee. We are honored to launch the series with this article…
Saudi Arabia's Crown Prince Mohammed Bin Salman attends a meeting on world economy at the G20 Summit in Osaka on June 28, 2019.

Saudi Crackdown on Dissent Violates Kingdom’s International Legal Obligations

The prosecution of Salman Alodah, a reform-minded Saudi scholar, is particularly emblematic of Saudi Arabia's worrisome pattern of suppressing dissent.
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