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.
2,994 Articles
The ICC’s New Burundi Investigation: Where Is the Court Headed?
The International Criminal Court announced Thursday that on Oct. 25 the Pre-Trial Chamber of the Court authorized the Prosecutor to commence an investigation in Burundi for alleged…
The USA Liberty Act — aka Don’t Let the Constitutional be the Enemy of the Unconstitutional
The House Judiciary Committee has completed its markup of a major surveillance reform bill intended to better protect Americans’ privacy and enhance transparency. Responding…
What Took So Long: The Non-Indictment of Paul Manafort Over The Years
Last week, we learned that Paul Manafort, President Donald Trump’s campaign chairman, is under indictment for laundering millions of dollars worth of income to hide it from the…
Modernizing ECPA: We need Congressional action despite DOJ’s new gag order guidelines
On October 24, the Justice Department announced new binding guidance designed to limit the routine use of non-disclosure orders that are used to prevent tech companies from notifying…
Episode 45 of the National Security Law Podcast: An Inter-Jurisdictional Cluster-You-Know-What?
Has it only been a week? Yeesh. Well, we are back! In this episode, Bobby Chesney and I focus on three topics: The Mueller investigation and the prospect that Mike Flynn…
Close Call Whether Sessions Committed Perjury in Denying Other Campaign Russian Contacts
It is not crystal clear whether Attorney General Jeff Sessions lied to Congress about his knowledge of other Trump campaign members’ contacts with Russians during the 2016 election.…
Guantanamo: Donald Trump’s Opportunity
The Trump Administration’s response to last week’s attacks in downtown Manhattan could go either of two directions: The United States could continue to flounder with indecision…
Why the First Amendment Constrains Trump’s Use of Twitter
President Donald Trump may be the first resident of the White House to be a prolific user of Twitter, but he probably won’t be the last. Indeed, government officials around…
Recap of Recent Pieces on Just Security (Oct. 28-Nov. 3)
Cybersecurity and Cyber Conflict Robert S. Taylor, Cyber, Sovereignty, and North Korea–And the Risk of Inaction Michelle Richardson and Mike Godwin, What the White House Needs…
An ICC Investigation of the U.S. in Afghanistan: What does it Mean?
The Prosecutor of the International Criminal Court (ICC) announced today that she will file a request with the judges of the Court to open an investigation in Afghanistan, including…
A Better Solution in Jesner v. Arab Bank
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…
What the White House Needs to Disclose about its Process for Revealing Cybersecurity Vulnerabilities
At a series of events earlier in October, White House Cybersecurity Coordinator Rob Joyce announced that he is preparing to release more information about the Vulnerabilities Equities…