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.
2,974 Articles
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…
The U.S. Should Not Disengage From the International Criminal Court Following Palestine’s Ascension
There is some risk that Palestine’s ascension to the International Criminal Court will result in political backlash in Washington regarding the United States’ policy of constructive…
The Three Legal Questions Left Unresolved by al-Libi’s Death
Just 10 days before his trial on terrorism charges was set to begin in Manhattan federal court, accused al Qaeda operative Nazih Abdul-Hamed al-Ruquai, from Libya, better known…
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…