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
DOJ Evades the Key Question in the Case of the Unnamed Citizen Detainee
On Thursday morning, in the ACLU Foundation v. Mattis case, Judge Tanya Chutkan ordered the government to inform the court by 5:00 p.m. whether the unnamed U.S. citizen detainee…
The Secret Ruling That Broke the Guantanamo Military Commissions
Sixteen years after Sept. 11, 2001, and 17 years after two suicide bombers killed 17 sailors aboard the USS Cole, the death penalty trials of the Guantanamo detainees accused of…
The Supreme Court May Be Ready to Further Limit Warrantless Access to Communications
Yesterday, the Supreme Court heard oral argument in Carpenter v. United States, a case involving the privacy of cell phone location information. At issue is whether the government…
Corporate Criminal Accountability for International Crimes
Above: Flickr/The International Criminal Court Ed. note. This post is the latest in our series on the upcoming U.S. Supreme Court case Jesner. v. Arab Bank, a case with implications…
Episode 47 of the National Security Law Podcast: Donuts and Depth Charges
And…we’re back! Fresh off of Thanksgiving, Professor Chesney and I are (all too) fired up to discuss the latest national security law news (not to mention a bunch of stuff…
Flynn’s Turkish Delight: How, Why, and When He Reversed His Policy Positions on Turkey
Many commentators anticipate that Special Counsel Robert Mueller will likely indict retired lieutenant general Michael Flynn in part for the former National Security Advisor’s…
The Long Arm of Justice: Ratko Mladić’s Conviction Should Keep Perpetrators of Atrocities Awake at Night
Today Ratko Mladić, the former Bosnian Serb General, was convicted by the International Criminal Tribunal for the former Yugoslavia (ICTY) for genocide, crimes against humanity…
The Trump-Russia-WikiLeaks Alliance and Campaign Finance Laws
The news cycles are busy with revelations about the Trump campaign-Russia-WikiLeaks connections, and they may be moving more quickly than the capacity to absorb their legal significance.…
Former Prosecutor Renato Mariotti’s Tweet Threads on National Security (Nov. 10-17)
Here is an exposition and analysis of some of this week’s national security-related threads authored by Just Security Editorial Board member and former federal prosecutor…
Kushner’s Unsatisfactory Senate Document Production
The most incendiary part of a stinging letter from Senate Judiciary Committee leaders to Jared Kushner’s counsel, Abbe Lowell, is the committee’s disclosure that “other…
Turkey on Valentine’s Day: Did Trump Obstruct Investigation of Flynn as a Foreign Agent?
When President Donald Trump tried to stop the FBI investigation of his national security adviser, retired Lt. Gen. Michael Flynn, was Trump aware of Flynn’s meetings with Turkish…
Episode 46 of the National Security Law Podcast: The $15 Million Dollar Man
In this week’s episode, your devoted hosts dig into a bonanza of national security law odds-and-ends. First up is an en banc decision by the Foreign Intelligence Surveillance…