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.
2,864 Articles
Why the ICC’s Judgment in the al-Bashir Case Wasn’t So Surprising
A look at why the Appeals Chamber of the International Criminal Court made the right decision when it decided Jordan should have arrested then-Sudanese President Omar al-Bashir…
The Distorter-in-Chief is Hosting a Summit on Distortion on Social Media
By pushing Russian-planted disinformation and indulging America’s own conspiracy theorists, Trump is doing the opposite of what he claims to be attempting with the White House…
Self-Defense in International Law: What Level of Evidence?
With the question of whether Iran's actions justify the use of force, the issue of evidence is once again at the forefront of international debate. So, how much evidence does a…
Principle Over Pretext: The Supreme Court Isn’t Buying What Wilbur Ross Is Selling
In a ruling that has surprised many legal observers, the Supreme Court, in a 5-4 opinion by Chief Justice John Roberts, dealt the Trump administration a major setback to its efforts…
Deprivation and Despair: The Crisis of Medical Care at Guantánamo
The Center for Victims of Torture, along with Physicians for Human Rights, released a joint report today finding that Guantánamo’s medical care system has long been broken in…
Annie Donaldson is Not the President’s “Alter Ego”
It could almost be a bar exam question. Under the Executive Branch theory that the president’s senior aides are “absolutely immune” from appearing before Congress, which…
U.K. Court Nixes Saudi Arms Sales–What it Means for the US and Other EU Countries
The court ruled, in essence, that in making decisions on arms sales, the U.K. government could no longer ignore uncomfortable facts. The result also could provide guidance to other…
When Constitutional Law and Government Hacking Collide: A Landmark U.K. Ruling Is Relevant on Both Sides of the Pond
The U.K. Supreme Court's landmark judgment in R (Privacy International) v Investigatory Powers Tribunal and others sets an important precedent for oversight of questions of law…
Journalist Watchlist Raises Specter of Civil Rights-Era Secret Surveillance
Throughout his campaign and now his presidency, historians have drawn parallels between President Trump’s treatment of the news media and the Nixon White House’s efforts to…
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…