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.
3,030 Articles
The Third Time’s The Charm? SCOTUS CVSGs in Samantar
Amidst all the recent activity (and non-activity) at the Supreme Court this term, it might have been missed that the Court invited the Solicitor General to express the views of…
East Africa Embassy Bombing Defendant Contests Miranda Waiver
In the last scheduled pre-trial hearing for alleged al-Qaeda operative known as Anas al-Libi, the defendant took the witness stand on Wednesday to contest the United States government’s…
Reflections on Hassan v UK: A Mixed Bag on the Right to Liberty (Part 2)
Today’s post is the second in a two-part series examining the recent ruling by Grand Chamber of the European Court of Human Rights (GC), Hassan v UK, and the relationship…
Supreme Court of Canada Rules Individuals cannot sue a Foreign State in Canada for Torture Committed Abroad
On Friday, the Supreme Court of Canada (SCC) affirmed that individuals cannot bring civil actions in Canada against a foreign state, which includes foreign officials, for acts…
Shhh! Last Week Was All About Secrets
Editors’ Note: The following post is the sixth installment of a new feature, “Monday Reflections,” in which a different Just Security editor will take an in-depth look…
Twitter’s First Amendment Suit & the Warrant-Canary Question
This week, Twitter lobbed the latest volley in what has been both a fascinating and encouraging repositioning of technology companies vis-à-vis the U.S. government—a pivot that…
Two Tales of a Hearing: Kenyatta and the Court
President Kenyatta of Kenya attended a status conference this week at the International Criminal Court (ICC), beating out President Al Bashir of the Sudan to become the first sitting…
Clapper, Adobe, and Article III Standing for Surveillance Harms
A recent decision from a federal court in the Northern District of California has added a new and interesting chapter to the decades-long saga of Article III standing in privacy…
Twitter is Suing the US Government in an Effort to Reveal Surveillance Information
Twitter filed a case in the Northern District of California (docket number 14-cv-04480) on Oct. 7 seeking a court order that would allow the company to reveal more precise information…
Breaking news from the Supreme Court!
No, not that news (although it is rather shocking). The Court also denied certiorari this morning in two other cases that had received some attention in national security circles:…
The jurisdictional issue delaying the al-Nashiri military commission: Saudi defendant + French ship + Malaysian shipper + Iranian oil + Bulgarian casualty = trial in a U.S. military commission?
A couple of weeks ago, the Chief Prosecutor in the Office of Military Commissions filed an appeal to the Court of Military Commission Review from an order by the trial judge dismissing…
It’s Time to Pass the USA Freedom Act—Warts and All
Thirteen years after 9/11, the United States Congress appeared poised to begin the long overdue process of reining-in the intelligence establishment’s runaway surveillance practices.…