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
The “Interests of Justice” at the ICC: A Continuing Mystery
David Luban explains how the ICC Appeals Chamber missed an opportunity to clarify what "interests of justice" the Prosecutor must consider in authorizing an investigation in the…
A Response to “End the FISA”: Why It’s a Good Law and Sound Policy
Since the public release of a redacted version of a Report on Four FISA Applications and Other Aspects of the FBI’s Crossfire Hurricane Investigation (the “Horowitz Report”),…
Crossing the Rubicon: Major Developments on the Human Rights Obligations of Corporations
Two significant legal developments in the Americas — a Canadian Supreme Court judgment issued last week, and a report of the Inter-American human rights system — will…
An Ambitious Reading of Facebook’s Content Regulation White Paper
How might we move toward accountability in the face of irreconcilable clashes between Rights-era and Public Health-era values, particularly given the serious practical and civil…
Int’l Criminal Court’s Afghanistan Decision Expands Prosecutor’s Power: What to Expect Next
The Appeals Chamber of the International Criminal Court (ICC) authorized a formal investigation into alleged crimes committed during the war in Afghanistan on Thursday, overturning…
National Security at the United Nations This Week (Feb. 29 to Mar. 6)
Editor’s Note: This is the latest in Just Security’s weekly series keeping readers up to date on developments at the United Nations at the intersection of national security,…
Revised Justice Department Policy Still Silences Immigration Judges
Some of the sharpest critics of the Trump administration’s immigration policies are the former immigration judges who were once charged with enforcing them. But there’s a reason…
Congress Needs a “Rocket Docket” for Its Disputes With the President
A rocket docket could have prevented many of the abuses seen during the Trump administration, would reduce the likelihood of future abuses, and will enhance Congress’ ability…
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.