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
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,”…
The Torture Report and the “Glomar Fig Leaf”
The Glomar Explorer, the CIA ship after which the much-abused legal doctrine is named Buried in the SSCI’s report is an arresting passage that suggests that the CIA was quietly…
A Guantánamo (Numerical) Milestone, and What It Means…
Although public and media attention has been, understandably, focused on this morning’s release of the SSCI Torture Report, another piece of national security-related news…
International Justice: Week in Review
As we all await the release of the executive summary of the Senate Select Committee on Intelligence’s report on CIA torture, I’d like to offer a brief interlude to consider…
Drone Courts: The Wrong Solution to the Wrong Problem
A new chapter by Professors Amos Guiora and Jeffrey Brand–“Establishment of a Drone Court: A Necessary Restraint on Executive Power“–has been receiving…
What is the Remedy for American Torture?
Asst. Sec. of State for Democracy, Human Rights, and Labor, Tom Malinowski stated to the UN Committee on Torture two weeks ago that: A little more than ten years ago, our government…
Clarity or Confusion? General Comment 35 and Security Detention
I’d like to raise a few issues about security detention that Shaheed Fatima didn’t cover in her thoughtful posts (here and here) on the Human Rights Committee’s (HRC) new…
The Hicks Military Commission Appeal
Just over a year ago, I wrote a post about the David Hicks and Omar Khadr cases–and the very real possibility that, as a result of the D.C. Circuit’s decision in “Hamdan…
There Will Be Surveillance Reform
How should we understand the Senate’s failure to pass the USA Freedom Act on Tuesday? I’m not sure. But I’m pretty sure it’s misguided to propose, as Steve Vladeck did…
The core of Zivotofsky: of passports, property, commerce, recognition . . . and, ultimately, diplomacy
Seth Barrett Tillman is probably correct: Section 214(d) of the 2003 Foreign Relations Authorization Act–which requires the Secretary of State to record the place of birth…
The Problem With Legalism in the Surveillance State
Editor’s note: this post is a preview of ideas raised in an upcoming article by the author, Intelligence Legalism and the National Security Agency’s Civil Liberties Gap,…