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
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…
The Gov’t of Sri Lanka Responds to my NYT Op-Ed on U.S. War Crimes Probe of ex-Defense Secretary
The government of Sri Lanka’s Justice Deputy Minister has responded to an Op-Ed that I published in the New York Times in which I described the reasons that the United States…
The Latest Rules on How Long NSA Can Keep Americans’ Encrypted Data Look Too Familiar
Does the National Security Agency (NSA) have the authority to collect and keep all encrypted Internet traffic for as long as is necessary to decrypt that traffic? That was a question…
Charlie Hebdo, The Interview, and Censoring Torture Photos
In France and the United States, there seems to be near-universal agreement that to self-censor because of threats of violence is unwise and cowardly. The slogan “Je Suis Charlie,”…
Al-Marri’s End and the Failed Experiment of Domestic Military Detention
In the coming days, Ali al-Marri, former enemy combatant, is scheduled to be released from federal criminal custody, clearing the way for his removal by immigration officials to…
White House Cybersecurity Bill: Botnets and “Creative Lawyering”
The White House has released its new legislative proposals on cybersecurity information sharing, federal data breach notification, and amendments to cyber-related law enforcement…
US Government Seeks to Deny Twitter’s “Warrant Canary” Challenge
On Friday, the Justice Department asked a federal district court to brush away a lawsuit filed in October by Twitter seeking greater freedom to publicly report on the numbers and…
Palestine’s Two Cards: A Commitment to Legality and an Invitation to Stop Crimes
Two steps recently taken by Palestine could be a game changer for a seemingly intractable problem. I will argue that these decisions should not be construed as an assault on Israel.…
The Shrinking Military Commissions
Yesterday’s news that the Convening Authority for the Guantánamo military commissions has “disapproved the findings and sentence,” and dismissed the charges…
Another Life Sentence for a Terrorist Convicted in Federal Court
A prosecutor called him a global leader of jihad, the judge called his actions evil, and the jury foreman agreed. Now the Egyptian cleric known as Abu Hamza el-Masri, who spent…
Avoiding a “Militant Democratic” Response to the Paris Attacks
The dreadful Paris attack, even more than the recent and similar attacks in Australia and Canada, is likely to produce a demand for strong action. This is not only because the…