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
President Obama’s Military Commissions
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…
The Reason Why the UK Lost the Serdar Mohammed Case
The United Kingdom Court of Appeal handed down its judgment in Serdar Mohammed v. Ministry of Defense last Thursday. The decision, which assessed the lawfulness of the 110-day…
The Role of Judges Under UK Surveillance Laws May be About to Change
For centuries, the authorization of surveillance powers under UK law has – for the most part – been in the hands of the executive rather than judges. All that may be about…
Judge Lamberth decides Warafi
As Jen noted, Judge Lamberth today denied Mukhtar Yahia Naji al Warafi’s renewed habeas petition challenging his continued military detention at Guantánamo. As I have previously explained,…
UK Court Invalidates British Forces’ Afghan Detention Program
Today, the United Kingdom Court of Appeal handed down its judgement in Serdar Mohammed v Ministry of Defense. A case of great import for British detention policy in Afghanistan,…
The Government’s Overstated Rehearing Petition in al Bahlul
I wasn’t originally planning to blog about the petition for rehearing en banc filed by the government on Monday in al Bahlul v. United States, challenging the three-judge…
Jen Daskal’s The Un-Territoriality of Data is Honored
Yesterday, I had the pleasure of attending a luncheon honoring winners for best of the 2014-2015 Call for Papers by the Southeastern Association of Law Schools (SEALS) at its annual…
Mavi Marmara Case Update: Prosecutor Files Notice of Appeal
Last week I argued here that the ICC Prosecutor should appeal or refuse to follow the Pre-Trial Chamber’s (PTC) majority order to reconsider her decision not to open a formal…
UK Supreme Court Upholds Lawfulness of Questioning in Airports
In January 2011, Mrs. Sylvie Beghal and her three children were returning from a trip to Paris, where they had been visiting her husband, a French national in custody “in relation…
US Government Petitions for Rehearing En Banc (Again) in Al Bahlul
The petition is available here. This is not a terribly surprising development. But as I wrote after the panel decision, it’s also not likely to succeed, given the composition…
Are Cross-Border Shootings Heading to the Supreme Court?
Two weeks ago, I wrote about an important new decision by the US District Court for the District of Arizona, holding that the Fourth Amendment does apply to the cross-border shooting…
The ICC Prosecutor’s New Draft Strategic Plan
Back in October 2013, I wrote here about International Criminal Court (ICC) Prosecutor Fatou Bensouda’s strategic plan for 2012-2015, which marked a change in direction towards…