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
Palestine and the ICC — Some Legal Questions
There has already been a great deal of political commentary about the Palestinian decision to join the International Criminal Court. What about the legal issues? Statehood The…
Top 10 National Security Cases to Watch in 2015
In the spirit of the annual taking stock that accompanies the change of year, I thought I would offer my take on the top ten national security cases and themes to watch in the…
Top 10 Year in Review: International Criminal Justice
As part of our “year in review” series, I suggest below some of the top developments in international criminal justice with links to our prior coverage, and the thoughts of…
14 National Security Law “Heroes” in 2014
We spend a lot of time on this blog being critical–of people; of institutions; of judicial decisions; and of policy developments But as 2014 draws to a close, I thought it…
New Article (and February 2015 Symposium) on Prosecuting Military Detainees in Civilian Courts
Hot off the e-presses, the published version of my Cardozo Law Review article on “Terrorism Prosecutions and the Problem of Constitutional Cross-Ruffing” is now available…
Remedies for Egregious Constitutional Violations and the Topside D.C. Circuit Briefing in Meshal
Back in June, I wrote a long post about the D.C. district court’s decision in Meshal v. Higgenbotham, in which Judge Sullivan dismissed a damages suit brought by a U.S.…
Not to be Forgotten: The Case of Maher Arar
In the midst of our ongoing coverage of the content of, and fall out from, the Senate Select Intelligence Committee Report, and debates about the obligation to devise some form…
In 2007, One Judge Said No to the NSA
Last week, the government quietly released a new cache of court filings and orders from late 2006 and early 2007 that together reveal a watershed moment in the government’s effort…
Flashback—Ex-Bush Official, Col. Wilkerson: “I am Willing to Testify” If Dick Cheney is Prosecuted for Torture
I was reminded yesterday of an interview on Democracy Now! with Colonel Lawrence Wilkerson (ret.) in 2011, in which he was asked about Vice President Dick Cheney’s recently released…
The Torture Report and Korematsu‘s Shadow
Seventy years ago today–on Monday, December 18, 1944–the Supreme Court handed down its now-infamous decision in Korematsu v. United States, upholding the conviction…
Fed Prosecutors: al-Libi Admitted al-Qaeda Membership, Was bin Laden Pen Pal
Nazih Abdul-Hamed al-Ruquai, the alleged al-Qaeda operative from Libya better known by the nomme de guerre Abu Anas al-Libi, has admitted being a charter member of al-Qaeda, according…
Guest Post: Drone Courts–A Response to Professor Vladeck
Editors’ note: In this post, Professors Brand, Guiora, and Barela reply to Steve Vladeck’s December 2 post, “Drone Courts: The Wrong Solution to the Wrong Problem,”…