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
A Baker’s Dozen of Additional Questions for the Russia Investigation
In her recent post, “20 Questions That Should Be Answered by the Russia Investigations,” Faiza Patel enumerates a series of questions that should be addressed by the various…
Proposed 2019 Start Date for 9/11 Trial Faces Skepticism from Gitmo Judge
GUANTANAMO BAY NAVAL BASE, Cuba — The military commission proceeding against five detainees allegedly responsible for the September 11th terrorist attacks is slowly inching…
An Update of the Israel-Palestine-International Criminal Court Timeline
A lot has happened before the International Criminal Court since we last reported on the Palestine and related situations. The timeline below picks up where my last timeline of…
Norms Watch: Democracy, the Trump Administration, and Reactions to It (August 18-August 25)
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…
Federal Court: US Can Extradite Ex-El Salvador Official to Spain for Jesuits Massacre
On Monday, U.S. federal judge Terrence Boyle ruled that Inocente Orlando Montano Morales (Montano)—who headed El Salvador’s National Police as Vice Minister for Public Security…
The ICC’s New Libya Case: Extraterritorial Evidence for an Extraterritorial Court
The International Criminal Court (ICC) announced last week that it had issued a new arrest warrant for Mahmoud Mustafa Busayf Al-Werfalli, a militia leader in Libya. Al-Werfalli…
20 Questions That Should Be Answered by the Russia Investigations
As speculation continues to swirl about President Donald Trump’s plans to put an end to the investigation being conducted by Special Counsel Robert Mueller, the ongoing congressional…
How To Punish A President
There are many allegations against Donald Trump that may give rise some day to either criminal prosecution or congressional sanction. But what precisely are the available options…
When Five Supreme Court Justices Said a President Can Be Indicted
There are many reasons why it is important to know whether Donald Trump is immune from indictment and prosecution as a sitting president, even if special counsel Robert Mueller…
An Untold Option for Mueller: Grand Jury “Presentment” as an Alternative to Indicting Trump
Legal experts debate whether special counsel Robert Mueller has the authority to indict or prosecute a sitting President. Missing from any public discussion is a middle-ground…
Opponents of Closing Sec. 702’s Backdoor Search Loophole are Distorting How the Fix Works
With less than five months to go until Section 702 of the Foreign Intelligence Surveillance Act (FISA) expires, we still do not have a clear path forward to a reauthorization that…
Norms Watch: Democracy, the Trump Administration, and Reactions to It (August 4-August 11)
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…