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.
2,869 Articles
A Terrorist Conspiracy Via Email
On April 3, 2009, Abid Naseer, a 22-year-old Pakistani student, sat in front of his computer in his Manchester, England, apartment and drafted an email to his al-Qaeda handler…
Case To Watch: Microsoft v. US on the Extraterritorial Reach of the Electronic Communications Privacy Act
On Monday, the government will be filing its brief in its case against Microsoft regarding the reach of the government’s warrant authority under the Electronic Communications…
End of War = End of Detention? Taliban detainee files renewed habeas petition
At year’s end, I examined here the possible legal significance of the President’s declaration on December 28 that “our combat mission in Afghanistan is ending,…
Another Successful Terrorism Trial Inside the US
Khaled Abdul Rahman Hamad al-Fawwaz was stoic as his fate was announced, staring straight ahead, unflinching, his face blank, wearing the same white Islamic kufi on his head and…
European Court: U.S. Troops Can Apply for Asylum to Avoid Participating in War Crimes, But …
A US Army soldier loads rockets onto an AH-64 Apache helicopter in Europe. Credit: US Army. On Thursday, the European Court of Justice (ECJ) issued a decision holding that American…
Judge Pohl’s rebuke of DOD’s unorthodox effort to accelerate the 9/11 trial
[UPDATED at 6:00 p.m. with links to, and some discussion of, DoD rationales and the regulatory amendment itself.] Things have been moving very slowly, to say the least, in the…
Transcript: NSA Director Mike Rogers vs. Yahoo! on Encryption Back Doors
NSA Director Adm. Mike Rogers squared off against top security experts from the tech industry today in a series of exchanges that illustrated the chasm between some leading technology…
General Martins on the Shrinking Military Commissions
Marty’s important post from last night includes a link to yesterday’s statement by General Mark Martins, Chief Prosecutor of the Guantánamo military commissions, in…
Al-Nashiri can now speak about his treatment … plus news about full SSCI Report
[Editor’s note: This post was originally published at 9:00 PM E.S.T. on February 22, 2015] Two weeks ago, I reported here that the prosecution had submitted motions to the…
The Shrinking Military Commissions, Redux
Back in January, I wrote a post about the Convening Authority’s decision to “disapprove” the findings and sentence in the Guantánamo military commission trial…
Guest Post: US Intelligence Reforms Still Allow Plenty of Suspicionless Spying on Americans
Last week, the Obama Administration released a report and documents cataloging progress toward signals intelligence (SIGINT) reform goals set a year ago by the President in a document…
Surveillance and the Vanishing Right to Know
Editor’s Note: This post offers a preview of the authors’ upcoming article in the Santa Clara Law Review: The Notice Paradox: Secret Surveillance, Criminal Defendants…