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
What to Do with Vetoed Bills
Applying a Youngstown canon to vetoed bills respects Congress’s clearly expressed position while also complying with the Constitution, as interpreted by the Supreme Court in…
The U.S. Must Forcefully Oppose Blanket Amnesty for Civil War Atrocities in Guatemala
“All the people have disappeared.” So reads a declassified cable from the U.S. Embassy in Guatemala City, dated Dec. 28, 1982. The subject was an incident that occurred just…
Canadian Supreme Court’s Chance to Reform Its Military Justice System
An upcoming Canadian Supreme Court decision may force significant changes to Canada’s military justice system.
Now Mueller’s Probe is Over, Should and Will His Findings Be Made Public? Law and Past Practice
The first waiting game is over. Special Counsel Robert Mueller has completed his role as Special Counsel and delivered his findings to Attorney General William Barr.
Now, the…
Taking No Chances, Thailand’s Junta Locks Down the Internet ahead of Elections
Thailand's political parties’ use of social media is restricted even though the electoral framework all but guarantees defeat for the opposition.
Revisiting the Mladić Trial Amidst Trump Admin’s Attacks on International Criminal Justice
International criminal justice has hit a rough patch. The work of the International Criminal Court (ICC) is under regular attack from the Trump administration, which opposes the…
Why it’s a mistake to be a-waitin’ “the” Mueller Report (and why you should instead focus on two other reports)
OLC’s governing view of the constitutionality of a grand jury indictment of a sitting president therefore doesn't stand in the way of DOJ providing a comprehensive account to…
Trump Investigations and the RICO vs Conspiracy Puzzle
Twitter debates erupted this week on a surprising topic: What are the relative advantages of charging racketeering versus conspiracy when considering wide-ranging criminal conduct…
Letter to the Editor – Germany’s Extradition Request for Gen. Jamil Hassan, with U.S. Support
I very much appreciate Just Security’s bringing to your readers’ attention the German extradition request to Lebanon for Syria’s General Jamil Hassan, who is under suspicion…
What Comes Next: After Supreme Court Reduced Obstacles to Suing International Organizations
Suing international organizations just got a little bit easier, as a result of a 7-1 U.S. Supreme Court decision issued last week in Jam v. International Finance Corporation. The…
‘Fixer’ Unbound: Public Confidence in Attorneys, Not Just the President, at Stake
Lawyers may be judged by the company they keep, but not by the clients they represent. Attorneys routinely advocate positions they disfavor on behalf of clients whose views and…
Colombian President’s Veto Threat Challenges Peace Process
Colombian President Ivan Duque is threatening to veto legislation that would endorse and regulate a special tribunal established to address atrocities committed during the country’s…