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.
2,856 Articles

The Government Has Yet to Produce Evidence Showing the Travel Ban is About National Security
The very first thing that Solicitor General Noel Francisco told the court at oral argument in Hawaii v. Trump was: “After a worldwide multi-agency review, the President’s acting…

“Zero Tolerance” and the Detention of Children: Torture under International Law
The Trump administration will continue to run afoul of refugee and human rights law unless and until it stops criminalizing refugees and ends the unjustified detention of children.

Dangerous Drone Bill Emerges from Senate Committee
It’s rare that a congressional committee tasked with overseeing homeland security approves a bill that would not only authorize sweeping surveillance, but also could pose a significant…

Not the Final Word
Can a sitting president be indicted? The public should be skeptical of the argument that a president can’t be, which frequently relies on two opinions by the Justice Department’s…

Paul Manafort = Evidence of Collusion
"The following facts essentially speak for themselves. Simply put, any fair reading of the public record would surely come to the conclusion that there is significant evidence…

What’s Ukraine Got to do With It? A Sideshow or Central Inquiry in Russia Probe?
Questions from a U.S. District Court judge recently in Special Counsel Robert Mueller’s case against former Trump campaign manager Paul Manafort illustrate a common point of…

Testimony from the Senate Judiciary Committee’s Hearing on Election Interference
Ryan Goodman, Just Security‘s co-editor-in-chief, is testifying on Tuesday before the Senate Judiciary Committee as part of its hearing on, “Election Interference:…

If Grand Jury Thinks Manafort Obstructed Justice, Bail Judge Might Too
Special Counsel Robert Mueller unsealed a superseding indictment of Paul Manafort that adds defendant Konstantin Kilimnik, and includes charges of obstruction of justice and conspiracy…

Far from “Thin,” Evidence of Manafort’s Witness Tampering Likely Meets Necessary Standard
The fact that Special Counsel Robert Mueller has brought a motion alleging witness tampering by Paul Manafort says nothing about where things stand in the larger investigation.

What If Police Use ‘Rekognition’ Without Telling Defendants?
At least two US law enforcement departments -- and Motorola, which sells equipment to the government -- have already purchased access to Amazon’s “Rekognition” system. This…

Policy and Legal Implications of European Court’s Ruling on CIA “Black Sites”
A Casa 235 turboprop plane at Ruzyne Airport April 8, 2005 in Prague, Czech Republic before leaving for Afghanistan. According to airport flight records the plane was registered…

Can You Sue International Organizations? The Supreme Court Decides to Weigh In
Last week, the Supreme Court granted certiorari in Jam v. the International Finance Corporation, that may pare back immunities from lawsuits for international organizations. The…