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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2,859 Articles
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Perfidy, ambush, snipers, and the COLE bombing (al Nashiri) case

Thanks to Rogier Bartels and Kevin Heller for their fascinating debate here and at Opinio Juris on whether the alleged Israeli/U.S. car-bomb operation operation that killed Hezbollah’s…
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China’s Golden Shield—Is Cisco Systems Complicit?

This is Part I of a series on a case pending in the Northern District of California against Cisco Systems involving the company’s provision of technology to help construct,…
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Reforming the FISA Court

There has been much discussion, on the pages of this blog and elsewhere (here, here, and here to name just a few), about the procedural shortcomings of the FISA Court — the lack…
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Whither the Section 215 Reauthorization Debate?

Remember section 215 of the USA PATRIOT Act — and the bulk telephone records metadata program the government conducted pursuant a controversial interpretation of that authority?…
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How an ICC Investigation into Israel Would Cause a Cut Off in US Aid to Palestine

Israel and the United States have condemned Palestine’s decision to join the International Criminal Court (ICC) and also grant the Court jurisdiction retroactive to June 2014,…
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Salvadoran General Deemed Deportable In the Absence of Criminal Charges

UPDATE: Former Defense Minister of El Salvador, Vides Casanova, has been detained pending extradition. The Board of Immigration Appeals (BIA) ruled last week that General Carlos…
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Collateral Effects of Secretary Clinton’s Nonofficial Email

On March 2, the New York Times reported that Hillary Clinton exclusively used a nongovernment email account during her tenure as Secretary of State. Last December, following a…
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Deep Dive: The White House’s New Memo on Drones and Privacy

Last month, President Obama released a presidential memorandum on the domestic use of drones by federal agencies. The memorandum addresses the implications for privacy, civil rights,…
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Wall Street Journal Grants Anonymity to al-Qaeda’s “First Easily Accessible Media Liaison”

The Wall Street Journal today quotes at length from al-Qaeda in the Arabian Peninsula’s (AQAP) “first easily accessible media liaison” and explicitly grants the source…
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Why Wikipedia is Suing the NSA

This week, the Wikimedia Foundation, sued the NSA over surveillance efforts taking place on US soil, specifically the “upstream” collection of Internet data in an effort to…
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Supreme Court Denies Cert in Samantar v. Yousuf

On Monday, the US Supreme Court denied certiorari in Samantar v. Yousuf, ending an attempt by the former Prime Minister of Somalia to claim that the torture and extrajudicial killing…
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Wikimedia Sues the NSA

This morning, the organization behind Wikipedia, the Wikimedia Foundation, sued the NSA, the Office of the Director of National Intelligence, the Justice Department, and their…
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