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
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?
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.
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.
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…
Myanmar’s Commission Report Delivers Genocide Denial Playbook
Ignoring such propaganda only risks undermining efforts to stop atrocities.
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…
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 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.
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.