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
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…
With Remote Hacking, the Government’s Particularity Problem Isn’t Going Away
Electronic surveillance succeeds because it is secret. When the government seeks to record “what is whispered in the closet,” in the words of Justice Brandeis, it must use…
Forced Nudity: What International Law and Practice Tell Us
A number of weeks ago it was revealed that CIA operatives systematically photographed detainees who were being held as part of the “war on terror” while naked. It…
Recap of the Recent Posts on Just Security (May 21–27)
I. Guantánamo Jen Daskal, Guilty Pleas For GTMO Detainees (Without Ever Setting Foot on US Soil) (Monday, May 23) II. Transparency, Legality & the the Use of Force David…
Is it legal to target ISIL’s oil facilities and cash stockpiles?
An important story in yesterday’s New York Times explains how the U.S. and coalition forces have dramatically increased their targeting of ISIL’s oil facilities (including…
Important First Step by HPSCI on Pre-Publication Review Reform
Editor’s note: This post also appears on Lawfare. We are happy to learn, via Secrecy News, that the House Permanent Select Committee on Intelligence (HPSCI) has weighed in constructively…