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
A Confusing ICC Appeals Judgment on Head-of-State Immunity
The outcome of the decision is not a surprise - but its implications for the immunity of senior officials of states that do not belong to the ICC, even beyond cases in which there…
Palestinians Claim Violations by Israeli Settlers in Airbnb Case in U.S. Court
In March, two Palestinian-Americans and two Palestinian villages moved to intervene in a suit brought against Airbnb, a global home-rental online platform, in federal court in…
For the Military Commissions, a Fork in the Road on Torture
“It’s time for everyone to admit that the Guantanamo military commissions have failed.” That’s what Steve Vladeck wrote last month in a characteristically excellent post discussing…
Don’t Get Lured by False Question of Whether Mueller Got “Played” by Barr
"Maneuvering 'around' the Attorney General was not how Mueller saw his job—indeed, it was not his job—and it’s not how we should see it, either."
The Mazars USA Subpoena as an Existential Threat to President Trump
The ‘friendly’ subpoena recently served on the tax and accounting firm Mazars USA seeking client records related to Donald J. Trump and the Trump Organization may not have…
Preview of the International Criminal Court Appeals Judgment on Al-Bashir and Head of State Immunity
Three weeks ago, the International Criminal Court (ICC) Appeals Chamber announced that on May 6 it would issue its judgment on whether President Omar Al-Bashir of Sudan was entitled…
Trump’s `Fake News’ Tirades Embolden Arab Leaders’ Crackdowns
President Donald Trump’s discourse on fake news has created a dangerous environment, and not only for journalists working in the United States. Autocrats in countries of the…
Barr and Congress: Is the Focus on Criminality Too Narrow?–Five Experts Weigh In
The Senate Judiciary Committee’s questioning of Attorney General William Barr yesterday raises the question of whether Congress, in responding to the findings in Special Counsel…
Barr to Senate: President is Not Immune from Prosecutor Declaration of Indictable Offense
"Mueller may now be able to say on the record whether he believes President Donald Trump committed the crime of obstruction."
JFK Records Suit Tests CIA Secrecy on Assassination
Morley v. CIA has wound its way through the courts for 16 years, and revealed some juicy nuggets along the way. The plaintiff, who is the biographer of two top CIA operations officers,…
Split Over Compelled Decryption Deepens With Massachusetts Case
Encryption is as omnipresent as computers, tablets, and smartphones. Yet the Supreme Court has not provided guidance on the constitutional implications of compelling a suspect…
The September 11 Military Commissions Trudge On
Nearly two decades after the September 11 attacks, we are still waiting for justice to be administered to the majority of the Al Qaeda suspects being held at Guantanamo—including…