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.
2,932 Articles
The Microsoft Ireland Case and the Future of Digital Privacy
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…
International Justice Day Round-Up I: Habre, Bashir Travel, Crimes Against Humanity in Mexico
The field of international criminal justice has witnessed a number of important developments this spring and summer—enough to merit a proverbial top-ten list. In honor of International…
Three Key Takeaways: The 2d Circuit Ruling in The Microsoft Warrant Case
As readers no doubt already know, the Second Circuit today issued a surprise ruling in the Microsoft Ireland warrant case — siding with Microsoft. The result: location of data…
DOJ’s Motion to Dismiss in Smith v. Obama, the case challenging the legality of the war against ISIL
As I noted in an earlier post, Nathan Smith, a U.S. Army captain deployed to Kuwait as part of the campaign against ISIL, Operation Inherent Resolve, has sued the President,…
Syria, J’Accuse! Syrian State Responsibility for War Crimes
So far, achieving any measure of accountability for the grave international crimes being committed in Syria has been elusive, as I’ve outlined before. A draft Security Council…
Judge Garland & The Foreign Sovereign Immunity Act
As promised, this post surveys several Foreign Sovereign Immunity Act (FSIA) opinions penned by Judge Garland while on the D.C. Circuit. Judge Garland has had occasion to consider…
Letter to the Editor: Chairman Medine’s Dedicated Service to the PCLOB Was a Testament to Bipartisanship
David Medine left the Privacy and Civil Liberties Oversight Board on July 1, 2016, after three years of dedicated service and leadership as the board’s Chairman. As the board’s…
Visions and Revisions: Karen Greenberg on the Making of the Modern Security State
“It’s lovely to live on a raft. We had the sky up there, all speckled with stars, and we used to lay on our backs and look up at them, and discuss about whether they was made…
Judge (Justice?) Merrick Garland & International Law
I recently had occasion to review the international law jurisprudence of Judge Merrick Garland as part of an evaluation prepared by the American Bar Association’s Standing Committee…
The CMCR’s Latest (Non-)Decision in al-Nashiri [UPDATED with links to supplemental briefs]
After a very long delay, and a couple of new presidential appointments of military judges to the court (resolving one of the two serious structural problems Steve has described…
Whose World Is This?: US and UK Government Hacking
On both sides of the Atlantic, we are witnessing the dramatic expansion of government hacking powers. In the United States, a proposed amendment to Rule 41 of the Federal Rules…
The Encryption Debate: All Quiet on the Western Front?
The US war on encryption has quieted down recently. The San Bernardino and Brooklyn court cases concerning encrypted iPhones both ended this spring not with a bang, but with a…