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.
2,858 Articles
The State Department’s Records and Response Problems Are Not New, They’re Systemic
The State Department’s records management, FOIA compliance, and oversight responsiveness have endured withering scrutiny in court and on Capitol Hill since disclosure of Hillary…
Apple’s motion to vacate the All Writs Act assistance order: Has Apple chosen the best “test case”?
Here it is. On first read, I think it has some very strong sections, including, in particular, its description of the efforts Apple would have to undertake to create and secure…
A Quick Update on Serdar Mohammed v. Ministry of Defence
Earlier this month, the UK Supreme Court held oral argument in Serdar Mohammed v. Ministry of Defence, a crucial case concerning the legality of British detention policy in Afghanistan.…
House Judiciary Committee Hearing Tomorrow: Law Enforcement Access to Data Across Borders
Tomorrow, the House Judiciary Committee will be holding a “Hearing on International Conflicts of Law Concerning Border Data Flow and Law Enforcement Requests” — an issue…
Torture and Transparency in the Military Commissions
America’s war court is back in session at Guantánamo, with yet more pretrial proceedings in the case of the five 9/11 defendants (alleged mastermind Khalid Sheikh Mohammed,…
Apple vs. FBI: “Just This Once”?
I wrote about the FBI’s attempt to force Apple to write an iPhone hacking tool for the bureau over at Time last week — and go read that if you’re getting caught up on the…
The President’s Plan for Closing the Guantánamo Bay Detention Facility
It’s here. The President proposes that once current transfer efforts are completed this year, the remaining 30 to 60 GTMO detainees ought to be detained in a U.S. facility. This…
Closing Guantánamo, Episode XXVIII: This Time, We Really, Really (Really!) Mean It…
Word has it that, later today, the Obama administration will release its long-ballyhooed Plan. To. Close. Guantánamo. (Not to be confused, mind you, with the original plan from…
Who Sets the Rules of the Privacy and Security Game?
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…
Iraq and Syria: Prospects for Accountability
On February 10, 2016, the Tom Lantos Human Rights Commission convened a congressional briefing devoted to the topic of advancing accountability for the commission of international…
Justice Scalia, Privacy, and Where We Go From Here
When you work in privacy and civil liberties, you get accustomed to having strange bedfellows. Senator Bernie Sanders, Democratic socialist presidential candidate from Vermont,…
“More Than a Domestic Mechanism”: Options for Hybrid Justice in Sri Lanka
For nearly three decades, the government of Sri Lanka fought with the Liberation Tigers of Tamil Eelam (LTTE), but after years of resistance, the new government has committed to…