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
Constitutional “Cross-Ruffing”: My New Article
About a year ago, I wrote about the Second Circuit’s decision in the Ghailani case, in which, among other things, the Court of Appeals rejected a former Guantánamo detainee’s…
The Need for Both Legal and Technical Privacy Protections
Last week, Apple and Google came under intense criticism from the law enforcement and national security communities for their decisions to encrypt user data when devices are locked.…
FBI is Hurting Apple and Google’s Competitiveness with Crypto Backdoor Demands
Last week, FBI Director James B. Comey dispatched his minions to yell at Apple and Google for architecting their smartphones such that government officials cannot decrypt information…
UK High Court Hears Case of Pakistani Held for a Decade Without Charges by UK and US
On Sept. 23, the United Kingdom High Court began its three-day hearing of a case involving the alleged kidnapping, torture, detention, and subsequent rendition of Pakistani citizen…
Abu Ghaith Sentence Confirms We Don’t Need Guantanamo
On Tuesday morning, Osama bin Laden’s son-in-law, Suleiman Abu Ghaith, was sentenced to life in a U.S. federal prison. The former al Qaeda spokesman was arrested in Jordan by…
ECHR: UK Did Not Violate Hassan’s Human Rights
The Grand Chamber of the European Court of Human Rights today found that the British government did not violate the human rights of Iraqi Ba’ath Party member Tarek Hassan…
A Guantánamo Test Case for the “New” D.C. Circuit
Back in August, I wrote about the D.C. Circuit’s disappointing decision in Hatim v. Obama (the genital searches case), in which the Court of Appeals (1) held that the…
The Posse Comitatus Act, Unlawful Surveillance, and the Exclusionary Rule
Most students of U.S. national security law are familiar with the Posse Comitatus Act (PCA) — an 1878 statute that subjects to criminal punishment anyone who, “except…
NYPD Uses Discovery Tactics to Deter Civil Rights Claims
The discovery stage of national security litigation rarely attracts much interest, at least where it does not involve an invocation of “state secrets” by the federal government.…
The Coming Congressional “Authorization” to Use Force Against ISIL?
Many commentators and news outlets are focused on whether the White House will seek, or Congress will pass, authorization for the President to use military force against ISIL.…
New Submission on US Military Justice Noncompliance with the ICCPR
Three legal experts (Eugene R. Fidell, Elizabeth L. Hillman, and Nancy Duff Campbell) and two organizations (Amnesty International and The International Commission of Jurists)…
The Very Strange New DoD Detainee Directive
On August 19, the Department of Defense apparently issued a new version of “Directive 2310.01E,” which, if you haven’t been scoring at home, is one of the central…