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.

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The Updated First Geneva Convention Commentary, DOD’s Law of War Manual, and a More Perfect Law of War, Part I

It is difficult to overstate the importance of the 1949 Geneva Conventions. Nearly synonymous with the law of war itself, the universally ratified 1949 Conventions are not merely…
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International & US Support for Transitional Justice Initiatives

My prior post discussed new policy papers on transitional justice issued by the US State Department and US AID. These policy papers reflect the fact that the United States’…
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Looking Back on the Pentagon Papers Decision

In a hallway of The New York Times offices, there is a framed copy of the Telex traffic between the Justice Department and The Times from June 1971 when the government demanded…
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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…
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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…
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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…
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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…
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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…
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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…
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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…
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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 —…
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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…
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