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
CBP’s New Social Media Surveillance: A Threat to Free Speech and Privacy
U.S. Customs and Border Protection's efforts to map out the networks and activities of American activists and journalists through link analysis and social media monitoring pose…
Deconstructing the Int’l Criminal Court’s Decision on Afghanistan
The decision of the International Criminal Court’s Pre-Trial Chamber II refusing to open an investigation into crimes committed in Afghanistan establishes a new Rome Statute…
Mueller Report and the President’s Personal Lawyers: Did They Violate Criminal Law and Ethical Rules?
Leading legal ethics professor analyzes the criminal law and ethical rules that would apply in light of conduct of Trumps personal lawyers revealed in the Mueller Report.
On Mueller Report, Barr Says No Executive Privilege Redactions. But Look for Assertion Later.
The release of the redacted version of the Mueller Report may not signal the end of debates over Executive Privilege, and is likely only the beginning of congressional activity…
Al-Nashiri III: A No Good, Very Bad Day for U.S. Military Commissions
A stunning, unanimous opinion of the DC Court of Appeals throws out every single pretrial order issued over the past 3 1/2 years in case of Al-Nashiri. What this says about the…
Barr’s Redaction Process, cont’d
Attorney General William Barr testified at length last week, in the House and the Senate, about his ongoing process of redacting the Mueller Report in anticipation of sharing it…
Julian Assange and Omar al-Bashir: What Comes Next for Two Global Fugitives?
Yesterday was a breathtaking one for global criminal justice. First, British police arrested Julian Assange at the Ecuadorian embassy in London and then, just hours later, the…
National Security at the United Nations This Week
The ICC rejects prosecutor Bensouda's request to open an investigation into the situation in Afghanistan, the UN calls for a ceasefire amid escalations in Libya, and Sudanese President…
Assange Indictment Is Shot Across the Bow of Press Freedom
"The indictment seems to have been drafted not just to justify the prosecution of Assange but to tar legitimate journalistic activities by association with Assange’s alleged…
Q&A: Does an Assange Prosecution Pose a Threat to Freedom of the Press?
Julian Assange's arrest raises the prospect that he will be prosecuted for his role in facilitating various disclosures of classified national security information, which raises…
To Wrest Back Rule of Law in Poland, Might EU Bureaucracy Finally Work?
After years of flailing in efforts to curb Poland’s government from eviscerating the rule of law, an arcane element of the European Union structure might actually be working…
What the President May Now Fear Most in Mueller Report
It's the possibility of "Mueller's Road Map" for the Southern District of New York prosecutors.