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.
2,864 Articles
Al-Alwi and the Unraveling of Detention Authority at the End of Active Hostilities
Last week, President Trump issued a new executive order reversing the 2009 executive order that had ordered the closure of detention facility at Guantanamo Bay, Cuba and re-asserting…
What Should the International Community Do to Address Impunity in Bangladesh?
On March 23, 2010, Bangladesh ratified the Rome Statute of the International Criminal Court (ICC), making it the first South Asian State to do so and the 111th State Party to the…
Talking Up a “Perjury Trap,” Trump’s Team Prepares a Defense for the President
Although President Trump confidently declared that he is willing to speak to special counsel Robert Mueller under oath, and is even “looking forward to it,” his principal lawyer…
Could Trump Have “Directed” Mueller’s Removal?
There’s a good deal of ambiguity in the Times’ new story about the President’s effort to “direct” the removal of Special Counsel Mueller last June. …
Two Updates in Mass Guantanamo Habeas Case
A U.S. military guard carries shackles before moving a detainee inside the U.S. detention center for ‘enemy combatants’ on September 16, 2010 in Guantanamo Bay, Cuba.…
The Russia Cover Up and Conspiring to Lie to Federal Authorities
The Trump team long engaged in a concerted effort to lie about campaign contacts with Russians during the 2016 election. Of this all reasonable observers know. Even some Trump…
Stop Calling It “Incidental” Collection of Americans’ Emails: The Gov’t’s Renewed Surveillance Powers
Former Acting FBI Dir. Andrew McCabe, Deputy AG Rod Rosenstein, DNI Dan Coats, and NSA Dir. Adm. Michael Rogers testify on re-authorization of Foreign Intelligence Surveillance…
The Trump Campaign-Russia Alliance and Campaign Finance
Recent commentaries and press reports have tended to downgrade the prospects for a special counsel prosecution of campaign finance charges. Moving ahead of them in the Mueller…
On Bannon’s Testimony & Executive Privilege
Stephen Bannon, President Donald Trump’s former chief strategist and his campaign’s chief executive, refused to answer questions about his roles on the presidential transition…
Episode 54 of the National Security Law Podcast: Family Ties or Family Matters?
And we’re back, with another weekly dose of national security legal news and analysis. Fresh off the stove this week we have: Dalmazzi – I am just returned from my first…
Facts on FISA: Correcting the Record on the Section 702 House Floor Debate
Sens. Elizabeth Warren (D-Mass.), Ron Wyden (D-Ore.), and Rand Paul (R-Ky.) speak at a news conference about their proposed FISA reforms at the Russell Senate Office Building on…
16 Years Since Gitmo: A New Chapter in Indefinite Detention Begins
As activists marked the 16th anniversary of Guantanamo Bay’s transformation into a military prison with nationwide rallies, a new and disturbing chapter is unfolding in our Kafkaesque…