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
Authorization vs. Regulation of Detention: What Serdar Mohammed v. MoD Got Right and Wrong
The UK Court of Appeal will soon hear the appeal in Serdar Mohammed v. Ministry of Defense, a highly important case in which the UK High Court held that the long-term detention…
UK Court of Appeal to assess legality of detentions in Afghanistan
Next week, the United Kingdom Court of Appeal will begin to hear arguments in the government’s appeal against the High Court ruling in Serdar Mohammed v Ministry of Defense.…
The D.C. Circuit, Samoan Citizenship, and the Insular Cases
Much has already been written about next Tuesday’s D.C. Circuit argument in In re al-Nashiri, an important case arising out of the Guantánamo military commissions. The…
The Newest Reforms on SIGINT Collection Still Leave Loopholes
Director of National Intelligence James Clapper this morning released a report detailing new rules aimed at reforming the way signals intelligence is collected and stored by certain…
Military Commissions and Unintended Constitutional Consequences
Over at Lawfare, I have a post up this morning providing a preview of next Tuesday’s oral argument in the D.C. Circuit in In re al-Nashiri–a mandamus action challenging…
International Comity Run Amok
Late last year, a divided panel of the Ninth Circuit Court of Appeals issued its opinion in Mujica v. Airscan Inc., a human rights suit against two U.S. corporations for involvement…
Homeland Insecurity: Checkpoints, Warrantless Searches and Security Theater
Since June 2013, the American public, press, and policy-makers have been debating the implications of Edward Snowden’s disclosures of mass U.S. government surveillance programs,…
Basic category error by ten members of the Senate Judiciary Committee
Last Tuesday, AG-Designate Loretta Lynch, in her capacity as U.S. Attorney for the Eastern District of New York, announced the unsealing of a complaint and arrest warrant that…
Members Only: Al Qaeda’s Charter List Revealed After 13 Years in US Hands
A fascinating bit of evidence about al Qaeda’s early days emerged yesterday during the trial of alleged al Qaeda operative Khaled al-Fawwaz – what federal prosecutors call…
You Should Care About Mutual Legal Assistance More Than You Do
About a year ago, I wrote here that the mutual legal assistance (MLA) regime – the legal system that regulates government-to-government requests for evidence in criminal investigations,…
What it Really Means to “Close Guantánamo”
[Editors’ Note: 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…
Inexplicable(?) New York Times Op-Ed on Inspire Magazine and the First Amendment
In today’s New York Times, a lawyer named Martin London has published an Op-Ed full of alarm, with dire warnings about “First Amendment fundamentalists” who…