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.

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2,864 Articles
U.S. Attorney General William Barr speaks with a clenched fist about the release of the redacted version of the Mueller report as U.S. Deputy Attorney General Rod Rosenstein and U.S. Acting Principal Associate Deputy Attorney General Ed O’Callaghan stand behind him at the Department of Justice April 18, 2019 in Washington, DC.

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…
A sign reading, "Office of Military Commissions Expeditionary Legal Complex Guantanamo Bay, Cuba" stands close to where pre-trial hearings are being held for the detainees at the military prison on June 25, 2013 in Guantanamo Bay, Cuba.

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…
U.S. Attorney General nominee William Barr testifies at his confirmation hearing as his image is shown on a television monitor behind him January 15, 2019 in Washington, DC.

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…
Sudanese President Omar al-Bashir delivers a speech to the nation on February 22, 2019, at the presidential palace in the capital Khartoum.

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…
United Nations Security Council meeting on January 25, 2019 at the United Nations in New York.

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…
Julian Assange gestures to the media from a police vehicle on his arrival at Westminster Magistrates court on April 11, 2019 in London, England.

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…
Julian Assange is restrained by men and police.

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…
People demonstrate to support the Polish Supreme Court Justice president in front of the Supreme Court building, on July 4, 2018 in Warsaw.

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…
Federal Bureau of Investigation (FBI) Director Robert Mueller waits for the beginning of a hearing before the Senate Judiciary Committee June 19, 2013 on Capitol Hill in Washington, DC.

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.
Sri Lankan Defence Ministry Secretary Gotabaya Rajapaksa rides in a jeep with military officers during a Victory Day parade rehearsal in Colombo on May 17, 2013.

BREAKING: Sri Lankan Presidential Hopeful Sued in Federal Court for Human Rights Violations

Gotabaya Rajapaksa was sued in federal court in the Central District of California by a Canadian citizen who alleges he was detained and tortured from 2007-2010 by the Terrorism…
A man takes part in a protest against the walkover victory of Halimah Yacob as Singapore's President at Hong Lim Park in Singapore on September 16, 2017. He wears tape over his mouth and another over his chest, both reading, “Not my president.”

Citing ‘Fake News,’ Singapore Could Be Next to Quash Free Expression

Singapore has moved from outlier to trendsetter in the troubling transnational uptick in government efforts to restrict free expression. Amid an increase in arrests and prosecutions…
Attorney General nominee William Barr testifies at his confirmation hearing before the Senate Judiciary Committee January 15, 2019 in Washington, DC.

Barr the Redactor?

[April 7 UPDATES noted.] In his March 29 letter, Attorney General William Barr informed the Chairs of the congressional Judiciary Committees that the report Special Counsel Robert…
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