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.
2,932 Articles
Why Facebook’s Oversight Board is Not Diverse Enough
The current membership is insufficiently representative, particularly of Southeast Asia, and overwhelmingly American for a body that purports to be global and independent of Facebook.…
A Conversation With U.N. Special Rapporteur David Kaye: COVID-19 and Freedom of Expression
Ryan Goodman, Just Security's co-editor-in-chief, recently posed a series of questions to David Kaye, U.N. Special Rapporteur on Freedom of Opinion and Expression.
Facebook’s Oversight Board: A Meaningful Turn Toward International Human Rights Standards?
That depends on how it will weigh Facebook’s community standards and values against global norms in its content-moderation decisions.
Turkey Opened the Door to the European Court of Human Rights for Syrian Victims
With Turkey's occupation of parts of northern Syria, a new venue may now be available to victims: the European Court of Human Rights.
The Significance of the Supreme Court’s Opati Decision for States and Companies Sued for Terrorism in U.S. Courts
On Monday, the Supreme Court issued its decision in Opati v. Republic of Sudan opening the door to victims of the 1998 U.S. embassy bombings in Nairobi and Dar es Salaam to pursue…
COVID-19 and the Shrinking Civic Space in Nigeria
With the same rapidity as its spread, COVID-19 seems to be taking over as the major driver of shrinking civic space in many parts of the world, displacing the popular buzzwords:…
An Inquiry into DOJ’s Decision to Drop the Flynn Case Can’t Be Left to Judge Sullivan Alone
More than just wrong, interim U.S. Attorney Timothy Shea's filing of the motion also may have violated legal and DOJ ethics rules.
And Then There Were Seven: Rwandan Félicien Kabuga Arrested in France
The case illustrates the long arm of justice, via international tribunals created in the 1990s after the genocides in Rwanda and the former Yugoslavia.
Recently Released OLC Opinions From 1974 Shed Light on Current Legal Debates
Earlier this month, my colleagues and I at the Knight First Amendment Institute at Columbia University secured the release of 96 previously withheld opinions authored by the Justice…
Why the Flynn Dismissal Deserves a Hard Look by the Court
The judge presiding over the Michael Flynn case is right to take a hard look at the Department of Justice’s eleventh-hour motion to dismiss the false statements charge to which…
Oversight and “Undermining”: Reflections on the Supreme Court Oral Arguments About Subpoenas for Trump’s Financial Information
A couple aspects of the congressional subpoena cases—Trump v. Mazars and Trump v. Deutsche Bank—haven’t yet received attention they warrant.
Getting It Wrong: The 9/11 Military Commission and the Justiciability of Armed Conflict
In an apparent effort to preserve its own jurisdiction while proceeding towards trial, the 9/11 military commission has made a hash of its armed conflict jurisprudence. It has…