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.
2,994 Articles
Can States Legally Provide Targeting Assistance to War Criminals?
Last week, when I challenged an argument for US liability for war crimes in Yemen, I didn’t anticipate ending up on the other side of a (somewhat heated) Twitter debate with…
If the Saudi-Led Coalition is Committing War Crimes, the US is Aiding and Abetting Them
A few days ago, Ryan Goodman announced on Twitter that we should expect “a challenge to (some) critics of Defense Department support to Saudi Arabia.” Jay Shooster published…
Different Human Rights at Home and Abroad: Immunity for British Soldier during Overseas Operations
Yesterday, October 4, 2016, U.K. Defence Secretary Michael Fallon proclaimed that British soldiers need to be protected from “spurious claims.” He said that soldiers should…
Correcting the Record on Section 702: A Prerequisite for Meaningful Surveillance Reform, Part III
In our previous posts, we’ve argued that the NSA is collecting massive amounts of data about US citizens under conditions that have nothing to do with terrorism or national…
Application of Human Rights Law to Military Actions Abroad: A Recent UK Judgment
Last month, the English High Court issued a judgment in Kontic v. Ministry of Defence, a case that dealt with whether and when the European Convention of Human Rights (ECHR) applies…
Just Security’s Questions for Clinton and Trump
Given the importance of tonight’s prime-time debate between US presidential candidates Hillary Clinton and Donald Trump, we’re again running our list of vital national…
A Broken Playbook: The NYPD Targeted Muslims in Over 95-Percent of Investigations That Broke Surveillance Rules
The NYPD’s Intelligence Bureau consistently broke court-imposed rules governing investigations involving political activity, according to a recent report by the NYPD Inspector…
Correcting the Record on Section 702: A Prerequisite for Meaningful Surveillance Reform, Part II
Last week, we argued that the public discussion surrounding two of the government’s most controversial mass surveillance programs – PRISM and Upstream – has not sufficiently…
Unprecedented and Unlawful: The NSA’s “Upstream” Surveillance
The FISA Amendments Act of 2008 (FAA) — the statute the government uses to engage in warrantless surveillance of Americans’ international communications — is scheduled to…
Correcting the Record on Section 702: A Prerequisite for Meaningful Surveillance Reform
The legal authority behind the controversial PRISM and Upstream surveillance programs used by the NSA to collect large swaths of private communications from leading Internet companies…
The DC Circuit’s Latest Ruling in Al-Nashiri: Why the Military Commissions Cannot Escape the Taint of CIA Torture
The DC Circuit’s recent ruling in In re Al-Nashiri missed an opportunity to clarify an important question in the current US military commissions: when did the armed conflict…
Supreme Court Grants Temporary Stay in Backpage Senate Subpoena Litigation
I recently wrote about the Senate civil enforcement action seeking to enforce a subpoena of Backpage.com records issued by the Permanent Subcommittee on Investigations (PSI). Backpage…