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
Balancing the Law and Reporting: Reflections on the Assange Indictment and What It Means for Journalists
The superseding indictment of Wikileaks founder Julian Assange has again sent First Amendment guardians to the ramparts, when what’s needed is a calm discussion of what threat…
L’Affaire d’Assange: Why His Extradition May Be Blocked
The Department of Justice’s release of a superseding indictment accusing Julian Assange of numerous Espionage Act violations has stirred grave concern among defenders of a free…
The Next Wave of Congressional Subpoena Litigation: Oversight Power vs. Executive Privilege
The next phase of Congress’ trying to enforce its supboenas in court is getting underway. Why the litigation over executive privilege is about to get ... . complicated, and how…
A Side-by-Side Comparison of Barr’s vs. Mueller’s Statements about Special Counsel Report
"Some of the differences involve near complete contradictions—in other words Mueller’s statement and Barr’s statements cannot both be true."
Assange May Have Committed a Crime, But the Espionage Act Is the Wrong Law to Prosecute
Is Wikileaks leader Julian Assange a journalist? If journalism is a profession, it is because, like other professions, it has standards and a code of ethics. As an example, a journalist…
No Oligarch Left Behind: Trump’s Title III Cuba Policy
After the Revolution, Cuba expropriated the property of U.S. nationals and Cubans, including those who (like my family) came to the United States. In May, the Trump administration…
Understanding the Decision to Revive the Sudanese Genocide Lawsuit Against BNP Paribas
The Second Circuit Court of Appeals recently ruled that a lawsuit brought by victims of genocide in Sudan against the French mega-bank can proceed.
The Malvinas as a Post-Bellum Case Study: From Decolonization to the Memory of the Departed
After the International Court of Justice's Chagos opinion, the right to self-determination remains contested. But Malvinas is also a model for post-bellum diplomacy. What does…
Post-9/11 Veterans Have Mixed Feelings About Trump’s War Crimes Pardons
In order to better understand how to think about this controversial decision, Iraq and Afghanistan Veterans of America (IAVA) conducted a flash poll this week, with over 1,600…
An Emergency or Business as Usual? Huawei and Trump’s Emergency Powers
Should the emergency declaration be used purely as leverage in a trade war, it would clearly be an abuse of the intent of emergency powers.
The American Way of War Includes Fidelity to Law: Preemptive Pardons Break that Code
"The news that President Trump is even considering such action is unlike conduct by any President in modern history, and the danger it poses to the rule of law is staggering. Such…
Indictment of Assange for Espionage Directly Threatens Press Freedoms
This article is co-published with The Bulwark. Boy, did I ever get this wrong. Back in mid-April, when the Department of Justice unveiled an indictment of Julian Assange,…