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
Why the White House May Not Dare Fight on Executive Privilege
"There’s a legal buzzsaw that would await the White House in asserting a claim of executive privilege as it would open the door to a judge finding that the crime fraud exception…
ICJ Orders Preliminary Relief in Myanmar Genocide Case
Only time will tell whether the provisional measures now issued are sufficient to prevent future genocide in Myanmar.
There Is No Reason to Exclude Evidence in an Impeachment Trial on Grounds of Hearsay
Excluding evidence in a Senate impeachment trial because it might fall under the penumbra of “hearsay” in a federal court setting raises numerous complex issues.
Executive Privilege Cannot Block Bolton’s Testimony
All relevant judicial precedents make clear that Bolton should not be able to invoke executive privilege to avoid testifying in the Senate impeachment trial.
Hearsay and the Impeachment Trial
How big an issue is it that the Senate will allow hearsay objections as a basis to exclude evidence from the record?
Pumping the Brakes a Bit on FISA “Reform”
Critics of FISA on both the left and the right are seizing on the DOJ inspector general's report as an opportunity to significantly alter FISA.
Executive Privilege Is No Bar to John Bolton’s Testimony in the Senate
President Donald Trump’s impeachment team reportedly believes that executive privilege poses “significant and important” issues that could prevent former National Security…
After the IG Report: “Next Steps” for Congress, DOJ, and the FISA Court
The first in our series on proposals for FISA reform, published in conjunction with a public event on Jan. 16 with Liza Goitein, Andrew McCabe, Julian Sanchez, and Andrew Weissmann…
How to Recover a Role for Congress and the Courts in Decisions to Wage War
A recent set of cases on congressional standing opens up an opportunity to restore Congress’ recourse to the courts for serious war powers violations—if Congress is willing…
The Soleimani Strike and War Powers
Key Legal Questions, With Preview of a New Research Database
ICC Holds Historic Hearing on U.S. Torture and Other Grave Crimes in Afghanistan
While “high crimes and misdemeanors” dominated the news cycle in Washington this month, the focus in The Hague was on grave crimes and mistreatment. Just days before the International…
Why the Settlements are a Problem for Benjamin Netanyahu
Despite the new U.S. position that West Bank settlements are not "per se" illegal, international accountability for Israeli settlement activity remains a real possibility.