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.
2,859 Articles
“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…
D.C. Circuit Quietly Set to Hear Major National Security Appeals
Given the rather significant legal news of the past four days, it’s easy to forget that a three-judge panel of the D.C. Circuit (Tatel, Griffith, & Sentelle, JJ.) is…
Law Enforcement Online: Innovative Doesn’t Mean Illegal
Even the Wild West needed a sheriff. And today’s law enforcement agents, to be effective, need more than a Colt .45 and a gold star. Criminal actors have an increasing ability…
When Did the War With al-Qaeda Start?
On Wednesday, the DC Circuit is scheduled to hear oral arguments on a request to halt the military commission prosecution of Guantánamo detainee Abd al-Rahim Hussein al-Nashiri.…
MLAT Reform and the 80 Percent Solution
Last week, The Washington Post reported that the US and the UK were in negotiations to permit UK law enforcement agencies to request stored communications like email and chats…
The Poisoning of Alexander Litvinenko and the Geographical Scope of Human Rights Law
On January 21, a British investigation concluded that Russian President Vladimir Putin “probably” approved the poisoning of former Russian spy Alexander Litvinenko, who died…
A New UK-US Data Sharing Agreement: A Tremendous Opportunity, If Done Right
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…
Questions Congress Should Ask About Section 702
After passing a surveillance reform bill last year, Congress appears poised to turn to examine another controversial surveillance authority — Section 702 of FISA. Using Section…
Democracy in Peril in Poland
The collapse of communism in Central and Eastern Europe unleashed one of the most remarkable political transformations of modern times, paving the way for millions of Europeans…
The Way Forward for Surveillance Reform Can Balance Human Rights and Government Needs
The fall of 2015 was marked by two key developments in the debate about laws on communications surveillance and the right to privacy. First, on October 6, the EU Court of Justice…
Fast and Furious Litigation: Losing the Battle to Win the War?
Last week, Judge Amy Berman Jackson issued an important opinion in Oversight Committee v. Lynch, the subpoena enforcement litigation related to the House Oversight and Government…
The European Court of Human Rights Constrains Mass Surveillance (Again)
In a decision that may someday be considered the penultimate nail in the coffin that European courts have been building for mass surveillance, the European Court of Human Rights…