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

US Policy on Transitional Justice
The US State Department and the Agency for International Development recently published a series of policy papers on the US approach to transitional justice. The United States…

Donald Trump and the Ghosts of Joseph McCarthy
Following the mass shooting at Pulse nightclub in Orlando, presumptive Republican presidential nominee and celebrity businessman Donald Trump repeatedly implied that President…

A Less-Secret Drone Campaign
Stephen Whisler, Predators and Reapers 2012, pastel on paper This post is the latest installment of our “Monday Reflections” feature, in which a different Just Security editor…

Disappointing DOD Inspector General Report on Pre-Publication Review
Editor’s note: This post also appears on Lawfare. Earlier this year, we wrote about the US Government’s broken pre-publication review process (see here, here, here, here, and…

Recap of Recent Posts on Just Security (June 11–17)
I. The Brexit Vote Shaheed Fatima QC, Brexit and National Security (Monday, June 13) II. Cybersecurity Ido Kilovaty, Guest Post: Will “Cyber Bonds” Mitigate Transnational…

Brexit and National Security
This post is the latest installment of our “Monday Reflections” feature, in which a different Just Security editor examines the big stories from the previous week or looks…

Recap of Recent Posts on Just Security (June 4–10)
I. Cybersecurity Kristen Eichensehr, Giving Up on Cybersecurity — Strategically (Monday, June 6) II. Surveillance & Intelligence Jennifer Daskal, Beware of the Emergency…

JASTA and Reciprocity
In April, Curt Bradley and Jack Goldsmith wrote in The New York Times that the Justice Against State Sponsors of Terrorism Act (JASTA) then under consideration in the Senate —…

Giving Up on Cybersecurity — Strategically
This post is the latest installment of our “Monday Reflections” feature, in which a different Just Security editor examines the big stories from the previous week or looks…

The Early Edition: June 6, 2016
IRAQ and SYRIA Syrian troops reached the “administrative border” of Raqqa province on Saturday afternoon, under cover of Russian airstrikes. The province is home to the Islamic…

Sparring Over the 9/11 Trial Recusal Motion
Anyone who’s been following the military commission prosecution of the five alleged 9/11 plotters at Guantánamo Bay is likely familiar with some of the absurd happenings in…

Why the D.C. Circuit Can’t Really Duck the Article III Issue in Al Bahlul
As one of those who spends parts of his Tuesday and Friday mornings trolling PACER for new D.C. Circuit rulings (which appear there before they’re posted on the Court of…