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
Bill Barr’s Extreme Views on War Powers Mean Congress’s Window to Stop War with Iran is Now
Attorney General Barr’s extreme past positions on unilateral presidential power could cut out any required role for Congress in authorizing or rejecting war. Here's what Congress…
Why the Christchurch Call to Remove Online Terror Content Triggers Free Speech Concerns
In deciding whether to endorse the Christchurch Call, the question for U.S. policymakers was whether the text essentially called on the U.S. or others to act inconsistently with…
Sticking It To Yourself: Preemptive Pardons for Battlefield Crimes Undercut Military Justice and Military Effectiveness
Chris Jenks served as Special Counsel to the General Counsel of the Department of Defense (2017-2018) where he was awarded the Office of the Secretary of Defense Medal for Exceptional…
Christchurch Calls and Washington Isn’t Answering
One of the more predictable diplomatic rituals since 9/11 has been that when terrorists strike a close American ally, Washington stands in solidarity with that country, offering…
McGahn’s Chief of Staff, Annie Donaldson May Be Congress’ Prized Witness
Don McGahn's chief of staff had a front seat at the Trump White House during the Russia investigation, and has reasons to comply with Congress' subpoena.
ICC Prosecutor Signals Important Strategy Shift in New Policy Document
"The Prosecutor of the International Criminal Court (ICC), Fatou Bensouda, has released for comment a draft of her Strategic Plan for the final years of her mandate, 2019-2021.…
Why Robert Mueller Is Right that the Obstruction Statutes Apply to the President
Special Counsel Robert Mueller has a better argument than Attorney General William Barr about whether obstruction statutes apply to the president. They do, and here's why.
Somalia War Crimes Trial Starts Monday, as Another Survivor Seeks Justice
The third in a trio of federal cases brought by the San Francisco-based Center for Justice and Accountability (CJA) on behalf of victims and survivors of Siad Barre’s rule in…
Elisions and Omissions: Questioning the ICC’s Latest Bashir Immunity Ruling
A close analysis of the ICC Appeals Chamber's reasoning in the Bashir immunity case raises serious questions about its conclusions on the difference between national and international…
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…