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.
2,974 Articles
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…
CIA Operatives Should Not be Considered Armed Forces Under International Law
Just Security readers are now familiar with the German Federal Prosecutor General’s opinion regarding a 2010 drone strike in Pakistan attributed to the CIA. The opinion is remarkably…
The ICC Prosecutor should Reject Judges’ Decision in Mavi Marmara
The International Criminal Court (ICC) was established 13 years ago to prosecute, in the words of the Court’s Preamble, “the most serious crimes of concern to the international…
CIA and OLC Must Release More “Secret” Documents on Aulaqi Drone Strike
On Thursday, a federal district court in New York issued its latest ruling in the ACLU’s long-running Freedom of Information Act (FOIA) litigation seeking the legal and factual…
The Government’s Wiretap Orders Still Don’t Add Up
Last week, I pointed out that the Administrative Office (AO) of the US Courts’ 2014 Wiretap Report numbers didn’t add up to the total number of wiretaps that AT&T, Verizon,…
The FBI’s Problem Isn’t “Going Dark.” Its Problem is Going Slowly
It should be clear to even casual observers today that the “golden age of surveillance” thesis is fundamentally correct. We live in a time when far more data and surveillance…