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
Duty to Warn: Has the Trump Administration Learned from the Khashoggi Failure?
This attitude shift alone, if it has indeed taken place, is commendable, but should not reduce scrutiny of what happened in the Declan Walsh case.
Executive Privilege is No Bar to Testimony Before Impeachment Investigators
Impeachment is different from regular congressional oversight. Witnesses summoned to appear before the House Intelligence Committee should not view executive privilege as standing…
Why Officials Keep Testifying Despite White House Counsel’s Letter on Impeachment Inquiry
"These are presumably not the results White House Counsel Cipollone expected when he sent his letter, but in retrospect they seem fairly predictable."
George Washington’s Advisors Agreed: Impeachment Did Away with Executive Privilege
George Washington clearly signaled that executive privilege would not be available if the House were pursuing an impeachment inquiry. His advisors agreed.
United States of America v. Rudolph W. Giuliani
Former U.S. Attorneys draft a "Model Indictment" based on publicly available evidence of Giuliani's misconduct.
Suit Against Sri Lankan Presidential Candidate Rajapaksa Dismissed on Common Law Immunity Grounds
Among other deficiencies, the ruling failed to acknowledge jurisprudence from other courts indicating that jus cogens violations can never constitute “official” acts entitling…
“With a Little Help from Our Friends”: Prosecuting the ISIL “Beatles” in U.S. Courts
Civilian prosecution in U.S. courts remains by far the best option for reliably bringing the two ISIL detainees in U.S. custody to justice. The DoJ should look closely at whether…
A Fourth Amendment Framework for Voiceprint Database Searches
Voice recognition technology should be subject to a new Fourth Amendment framework, drawing on the Supreme Court’s recent technology-related decisions, that treats each query…
Did the ECJ Just Give a Stamp of Approval to Poland’s Backsliding?
The European Court of Justice is set to rule this year or early next on Poland’s two-year-old revised disciplinary regime for judges, a central mechanism that the ruling Law…
18 Years After 9/11, Why Is Guantánamo Still Open?
That a child born on that day the planes hit would by now have gained the right to vote, but there has yet to be a trial of the alleged attackers, serves to highlight how painfully…
51 Former Senior National Security Officials to Supreme Court: Rescinding DACA Was “Arbitrary and Capricious”
Fifty-one former senior U.S. national security officials—including former Cabinet members Madeleine Albright, Chuck Hagel, John Kerry, Leon Panetta, and Samantha Power, former…
Getting the Jay Treaty Right on “Executive Privilege”
A central historical claim in ongoing debates about the president's ability to keep diplomatic correspondence from the House of Representatives is not just flawed, but gets the…