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

Parsing Howard Nielson’s Sources: A Thesis Without Support
Image: Committee chairman Sen. Chuck Grassley (R-IA) speaks with ranking member Sen. Dianne Feinstein (D-CA) before the start of a Senate Judiciary Committee hearing on Capitol…

The Big Takeaways from the Latest Obstruction Revelations
As the first week of 2018 comes to an end, the chaos surrounding the Trump administration has reached fever pitch. This is largely thanks to a new book from journalist Michael…

International Criminal Court Indictments of U.S. Officials Are not Impossible
The International Criminal Court (ICC) prosecutor’s long-expected request to open an investigation of U.S. armed forces and the CIA for crimes allegedly committed in Afghanistan…

Alseran v MOD and the Legal Risks in Treating All Captives as Prisoners of War
British and American troops with Iraqi captives in March 2003. (UK MOD) Last month, the English High Court delivered its judgment in favour of the claimants in Alseran and Others…

Mueller Wasn’t Appointed Pursuant to the DOJ Regs (and other assorted flaws in the Manafort suit)
Paul Manafort filed a two-count suit yesterday against Acting Attorney General Rod Rosenstein and Special Counsel Robert Mueller. Count Two challenges Special Counsel Mueller’s…

Paul Manafort’s Latest Publicity Stunt
What should we make of former Trump campaign chief Paul Manafort’s lawsuit against Special Counsel Robert Mueller, Deputy Attorney General Rod Rosenstein, and the Justice Department?…

Justice for Atrocities is Hard (So Get It Right in Darfur)
Faced with grisly accounts of burned villages and mass killings, a number of governments and other observers are calling for those responsible for atrocity crimes in Burma to be…

Norms Watch: Democracy, the Trump Administration, and Reactions to It (Dec. 2017)
Image: Sen. Kirsten Gillibrand (D-NY) speaks about bipartisan legislation to help prevent sexual harassment on Dec. 6, 2017 on Capitol Hill (Alex Wong/Getty) Sign up here to receive…

Judicial Nominee Howard C. Nielson’s Own Torture Memo
Image: Committee chairman Sen. Chuck Grassley (R-IA), ranking member Sen. Dianne Feinstein (D-CA), and Sen. Patrick Leahy (D-VT) talk with each other during a Senate Judiciary…

Episode 51 of the National Security Podcast: Temporary, Immediate, and Unmonitored Access to this Podcast
Well, 2017 is almost done. No doubt there are a few more kicks-in-the-pants on the way before it’s all said and done, but hey, we can at least offer you one final episode of…

Judge Chutkan’s Ruling on the Unidentified U.S. Citizen Detainee
Late Saturday night, Judge Tanya S. Chutkan ruled that the Department of Defense must allow the ACLU Foundation “immediate and unmonitored access” to the U.S. citizen…

Warrantless Border Searches: The officer ‘searched through every email and intimate photos of my wife’
A U.S. Border Patrol agent stops traffic as immigrants are deported across an international bridge into Mexico on March 14, 2017 from Hidalgo, Texas. (John Moore/Getty Images)…