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.
2,857 Articles
Today’s En Banc D.C. Circuit Ruling in Al Bahlul…
163 pages later, we’re back where we started. Six of the nine judges on the en banc D.C. Circuit (with Chief Judge Garland and Judge Srinivasan not participating) voted…
More Guantánamo Mishegas (The Unlawful Detention of a US Citizen Edition)
Just when it seems like the ongoing, neverending saga that is the Guantánamo military commissions can’t get any stranger, there’s this: As Carol Rosenberg (who else)…
International Armed Conflict in Syria and the (Lack of) Official Immunity for War Crimes
Last week, I wrote two posts at Just Security (here and here) on one of the legal consequences that would follow if the situation in Syria is an “international armed conflict”…
The Dangerous Implications of the Microsoft Ireland Case
Yesterday evening, the government filed its petition for rehearing or rehearing en banc in the Microsoft Ireland case. Throughout the brief, the government warns of both the…
Hot off the Presses: DOJ Rehearing Petition in the Microsoft Ireland Case (Full Text)
DOJ filed the attached motion tonight, seeking rehearing or reaching en banc in the Microsoft Ireland case. In the government’s words: “The [panel] Opinion has created…
De Facto and De Jure Non-International Armed Conflicts: Is It Time to Topple Tadić?
When does violence between a state and non-state actor constitute an armed conflict and thus trigger the system of legal rules that apply in non-international armed conflict (NIAC)?…
“A First Amendment in the Digital Age”—Peter Zenger Lecture
I had the honor of delivering the inaugural Peter Zenger lecture at Columbia Journalism School last week. The lecture is named for a newspaper publisher who was tried for libel…
Can States Legally Provide Targeting Assistance to War Criminals?
Last week, when I challenged an argument for US liability for war crimes in Yemen, I didn’t anticipate ending up on the other side of a (somewhat heated) Twitter debate with…
If the Saudi-Led Coalition is Committing War Crimes, the US is Aiding and Abetting Them
A few days ago, Ryan Goodman announced on Twitter that we should expect “a challenge to (some) critics of Defense Department support to Saudi Arabia.” Jay Shooster published…
Different Human Rights at Home and Abroad: Immunity for British Soldier during Overseas Operations
Yesterday, October 4, 2016, U.K. Defence Secretary Michael Fallon proclaimed that British soldiers need to be protected from “spurious claims.” He said that soldiers should…
Correcting the Record on Section 702: A Prerequisite for Meaningful Surveillance Reform, Part III
In our previous posts, we’ve argued that the NSA is collecting massive amounts of data about US citizens under conditions that have nothing to do with terrorism or national…
Application of Human Rights Law to Military Actions Abroad: A Recent UK Judgment
Last month, the English High Court issued a judgment in Kontic v. Ministry of Defence, a case that dealt with whether and when the European Convention of Human Rights (ECHR) applies…