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
Court Rules Against Microsoft: Questions of Data, Territoriality, and the Government’s Search Authority Headed to the 2nd Circuit
I blogged previously about the really interesting dispute between Microsoft and the government regarding the territorial reach of the warrant authority under ECPA. As you may recall,…
European Court of Human Rights rules against Poland in CIA “black site” case
The European Court of Human Rights has handed down its much-awaited judgments in the cases of Abd al-Rahim al-Nashiri v. Poland and Abu Zubaydah v. Poland. The cases were brought…
In Advance of Activating The Crime of Aggression
I had the pleasure of participating in an Interactive Panel Discussion on the crime of aggression at the United Nations yesterday on the occasion of International Justice Day (so…
Letter to the Editor — Lt. Colonel David J. R. Frakt: What will Happen to al Bahlul?
I want to thank my esteemed colleagues Steve Vladeck and Marty Lederman for their very illuminating discussion of the D.C. Circuit’s recent decision in al Bahlul. I was Mr.…
What’s Left of Hamdan II? Quite a Lot, Actually…
Although it’s a bit further into the weeds than the issues Marty and I flagged in yesterday’s lengthy analysis of the en banc D.C. Circuit’s decision in al…
al Bahlul and the Future of “Domestic Law-of-War Offenses” in Military Commissions
As Steve wrote on Monday, the long-awaited en banc decision by the U.S. Court of Appeals for the D.C. Circuit in al Bahlul v. United States leaves unanswered many of the questions…
DOJ Files Opening Brief in Klayman Appeal
It’s been some time since we’ve discussed developments related to the Section 215 telephony metadata program. More attention of late has been focused on Section 702…
A Quick and Dirty Summary of–and Reaction to–the Al-Bahlul Decision [UPDATED]
What follows is a very quick-and-dirty summary of this morning’s ruling by the en banc D.C. Circuit in Al-Bahlul v. United States. There are five opinions, but a couple…
British Government’s “Fast-Track” Surveillance Legislation Proposals
On July 10, Theresa May, the Home Secretary made an oral statement in the House of Commons introducing “fast track legislation” – the Data Retention and Investigatory Powers…
En Banc D.C. Circuit Rejects Ex Post Facto Challenge to Guantánamo Military Commission
Here’s the 150 pages worth of opinions. The headline appears to be a rejection of Bahlul’s ex post facto challenge to his conspiracy conviction, but there’s a…
New Court Orders Signal More Drone Documents Are on the Way
For more than four years of Freedom of Information Act litigation concerning the government’s targeted-killing program, the government managed to avoid releasing a single document…
Joint Chiefs of Staff: Bergdahl exchange vital to keeping faith with American service members
All seven members of the Joint Chiefs of Staff have written a separate letter to the Chair of the Senate Armed Services Committee stating their support for the exchange of the…