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
Due Process and Detention at Guantanamo: Closing the Constitutional Loopholes
The D.C. Circuit recently heard argument in Al Bahlul v. United States, where the defendant has made a series of constitutional challenges to the Guantanamo military commissions. …
Social Media Companies and Material Support
Over the past several months, there has been increasing focus on terrorist use of social media. In the immediate aftermath of the execution of reporter James Foley by ISIL in July,…
The Article I argument in Zivotofsky
For over two centuries, federal courts have not had occasion to adjudicate whether and to what extent Congress has the power to regulate or supersede the President’s power…
Gideon’s Army at Guantanamo
Despite enormous logistical and legal hurdles, defense attorneys for high value detainees at the Guantanamo Bay, Cuba, military prison, say they press on for the judgment of history,…
Belhaj v. Straw: UK Court of Appeal allows torture claims to proceed
The UK Court of Appeal has handed down its judgment (full text) in the case brought by Abdul-Hakim Belhaj and his wife against the UK’s alleged role in their abduction, rendition…
An Obligation to Prevent Rebel Groups from Committing Atrocities
It’s no secret that several nations (including the United States) are arming or otherwise supporting rebel groups in Syria, and that Russia is doing the same in eastern Ukraine.…
My Agenda as New UN Special Rapporteur for Freedom of Expression
This past June, the UN Human Rights Council appointed me special rapporteur on the protection and promotion of the right to freedom of opinion and expression, effective August…
Immunity Doctrines: The Need for a Systemic Approach
It was a pleasure this week to speak on a panel entitled “Chaos & Immunity: Core Crimes & Sitting Heads of States” at the American Branch of the International Law Association’s…
The Blackwater Trial: Part 2 – Two Legal Issues
In the first part of this summary, we introduced the individuals in Blackwater’s Raven 23 team and set out their contrasting arguments about what took place at Nisour Square…
The Blackwater Trial: Part 1 – Two Factual Issues
Earlier this week, a jury in Washington D.C. convicted four Blackwater guards for a shooting at Nisour Square, Baghdad. The sniper Nicholas Slatten was convicted of premeditated…
Decision on Secret Evidence by the European Court of Human Rights Worth Noting
Two European Court of Human Rights (ECtHR) cases decided in July 2014 bring some clarity to the utility and compatibility of secret evidence with international human rights standards.…
Samantar v. Yousuf: What Happens Next?
As Beth Van Schaack reported last week, the Supreme Court has called for the views of the Solicitor General in Samantar v. Yousuf, a case raising questions about the immunity of…