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

Indefensible: Why Guantánamo defense lawyers can’t ethically participate any longer
On Friday, Guantánamo death penalty lawyer Richard Kammen announced in a press release that: Brig. Gen. John Baker, the Chief Defense Counsel for the Military Commissions Defense…
Recap of Recent Pieces on Just Security (Oct. 7-Oct. 13)
Iran Nuclear Agreement Marty Lederman, Don’t Believe the Hype: Trump Is Not “Decertifying” the Iran Deal Tess Bridgeman, What the White House Announcement on Iran Deal Really…

Oral Argument in Jesner v. Arab Bank: Gimme Two Steps?
Ed. note. This article is the latest in our series on the U.S. Supreme Court case Jesner. v. Arab Bank, a case that is slated to resolve the question of whether corporations can…

Oral Arguments in Jesner v. Arab Bank: Supreme Court May Favor Two Steps to Corporate Liability for Human Rights Violations
Ed. note. This article is the latest in our series on the U.S. Supreme Court case Jesner. v. Arab Bank, a case that is slated to resolve the question of whether corporations can…

Jesner v. Arab Bank: U.S. Foreign Policy and National Security Interests
Editor’s note. This post is the latest in our series on the upcoming U.S. Supreme Court case Jesner. v. Arab Bank, a case that is slated to resolve the question of whether…

With Blinders On?: How International Law Casebooks Teach Students in the United States
The United States disagrees with many countries, including key allies, on important questions of international law, including the geographical scope of armed conflict, the extraterritorial…

Terrorist Financing: A Backgrounder
Ed. note. This post is the latest in our series on the U.S. Supreme Court case Jesner. v. Arab Bank, a case that is slated to resolve the question of whether corporations can…

The Rome Treaty Has Nothing to Do with Jesner v. Arab Bank
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 for everything from human rights to terrorism…

Norms Watch: Democracy, the Trump Administration, and Reactions to It (September 29-October 6)
Editor’s Note: Welcome to the latest installment of Norms Watch, our series tracking both the flouting of democratic norms by the Trump administration and the erosion of…

Three Quick Observations on the U.S. Citizen ISIL Detainee
1. Like Bobby Chesney, I fully expected that “John Doe”–the U.S. citizen who the military currently is detaining in Iraq–would be “en route to the…

Jesner v. Arab Bank: Closing the Door to Human Rights in Federal 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 for everything from human rights to terrorism…

Evidence Mounts that White House Anticipates Damaging Results from Russia Investigation
As the Russia investigations by special counsel Robert Mueller and Congress plow ahead, are there telltale signs that the White House is worried about the eventual findings? According…