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.
2,855 Articles
Condemned to Death Abroad: The Case of French ISIS Members in Iraq
Iraq reportedly intends to carry out the execution of seven French nationals who are currently charged with being members of the Islamic State. The Iraqi government has denied…
Constitution Day 2019: The Hidden Domestic Surveillance Crisis
As we mark the 232nd anniversary of the signing of America’s governing charter, we have ample evidence that it continues to be violated by the federal officials charged with…
Fear and Loathing on the Border: A First-Hand Look at the Travesty
Far from the loophole-ridden sieve described by the administration, the asylum system we saw was a Kafka-esque labyrinth designed to punish migrants who dare to exercise their…
Why a Judge’s Terrorism Watchlist Ruling is a Game Changer: What Happens Next
Leading expert and author of a book on the subject, Jeffrey Kahn explains what happens now that a court declared a major terrorist watchlist unconstitutional.
Q&A on Court Decision Invalidating Administration’s Terrorism Watchlist
Expert Backgrounder on the big questions coming out of the court's ruling. The case involved US citizens. How might the ruling affect foreign nationals? What were the judge's key…
What if a President Committed Genocide or Other Atrocity Crimes?
Ambassador David Scheffer writes: Whether or not the Justice Department opinions are correct about presidential immunity from indictment for ordinary crimes … Lawmakers should…
U.S. Sanctions Against Iran’s Foreign Minister and International Law
Sanctions against a foreign minister are a provocation that impede diplomacy. Their legality under international law also turns out to be a complex issue.
Second Circuit Gets Civil Forfeiture under the Foreign Sovereign Immunities Act Wrong
Are foreign states and their property immune from civil forfeiture suits brought by the U.S.? In a case involving a Manhattan skyscraper controlled by Iran, the Second Circuit…
The Iraq-Turkey Pipeline Dispute: Opportunity in an Arbitration
Iraq has increased its oil production by more than half since 2012, and is set to be the world’s third-largest oil producer by 2030. Its proven natural gas reserves are enough…
“Fiat Justitia”: Implications of a Canadian Military Justice Decision for International Justice
A watershed ruling by Canada's Supreme Court sheds light on compliance of military justice systems with human rights norms.
Time for a Cyber-Attack Exception to the Foreign Sovereign Immunities Act
Recently, a federal judge in New York dismissed the Democratic National Committee’s (DNC) civil lawsuit against Russia, Wikileaks, and others stemming from the 2016 cyber-attack…
How Secrecy Undermines Mueller and the Defense of Democracy
Official secrecy can diminish democratic discourse, limit debate, and blind the Congress and the public to the nature of the most imminent threats to democracy, all in the name…