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
A New Lawsuit from Microsoft: No More Gag Orders!
Microsoft is once again making headlines via litigation over government’s use of the Stored Communications Act. For the past two years, it was Microsoft’s lawsuit challenging…
The Obama Administration Has Embraced Legal Theories Even Broader Than John Yoo’s
The Justice Department recently released another of the now-notorious Office of Legal Counsel memos written by John Yoo — memos that authorized torture, warrantless wiretapping,…
Readers’ Guide on Recent Developments in International Criminal Law
It has been a busy few weeks in international criminal law, with a range of important judgments out of the International Criminal Court, the International Tribunal for the former…
Military Justice and Its Reform
Congress is examining a significant Obama administration legislative proposal concerning military justice. The proposal provides an occasion to think not only about what ought…
ODNI Response on Increased Intelligence Sharing Still Leaves Questions and Concerns
In late February, The New York Times reported that the administration was preparing to expand sharing of the mass signals intelligence collected by NSA pursuant to Executive Order…
Developing a Practice Around Guilty Pleas at the ICC
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…
Four Takeaways From State v. Andrews
On Wednesday, an appellate court in Maryland handed down a major loss to the government, one that will send police and prosecutors back to the drawing board (or at least back to…
Convicting Individuals Isn’t Enough Accountability for Mass Violations of International Law
On Saturday, news outlets reported an arrest by UN police on one of the International Criminal Tribunal for the former Yugoslavia’s last outstanding warrants. French journalist…
Contempt Charges and the International Criminal Tribunals
The last days have been busy in the international criminal law world with convictions in the Karadžić case at the ICTY and the Bemba case at the ICC, and the confirmation for…
The Many Significances of the Karadžić Conviction
Last week, the International Criminal Tribunal for the former Yugoslavia (ICTY) convicted Radovan Karadžić, the former President of the Republika Srpska and Supreme Commander…
Engines of Liberty: How Civil Society Helped Restore Constitutional Rights in the Aftermath of 9/11
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…
Obama’s Plan Is Not a Guantánamo North
President Obama’s plan to close Guantánamo has seemingly been criticized by all sides of the political spectrum. At a hearing before the House Foreign Affairs Committee this…