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.
2,973 Articles
Jones: End of the road
Yesterday, June 3, the Grand Chamber issued a notice “Grand Chamber Panel’s Decisions” which notes that a request for referral to the Grand Chamber has been rejected in the…
Stepping back from the precipice in Bond
[Also posted on Opinio Juris.] The Supreme Court has finally issued its decision in United States v. Bond. Although it appeared the Court might be on the brink of a momentous…
Title 18’s Blind Spot: Superior Responsibility
We have discussed at length the ability of the United States government to prosecute international crimes in terms of chargeable crimes and bases of jurisdiction. Ryan Goodman…
What You Should Know–and Why You Should Care–About the Latest Guantánamo Litigation
It’s been well over three years since Linda Greenhouse, writing for the New York Times, attributed the Supreme Court’s refusal to take any new cases from Guantánamo…
Alternative Jurisdictional Bases for a Hybrid Tribunal for Syria
As we have discussed, one option under consideration to address the commission of grave international crimes during the conflict in Syria is the creation of a hybrid tribunal within…
FAA Section 702 developments
Back in February, I posted about the first brief on the merits challenging the constitutionality of Section 702 of the FISA Amendments Act of 2008, in the criminal case against…
A Mixed Chamber for Syria: An Idea Whose Time Has Come?
As we have discussed in a prior post and in the press, the international community must think creatively about how to build an accountability mechanism for Syria that does not—at…
Declassification of the CIA interrogation program: Developments on three fronts
Last month I published a post setting forth the state of play regarding the declassification and disclosure of the executive summary, and findings and conclusions, of the Senate…
Options for Accountability in Syria
The Security Council is poised today to vote on a resolution referring the situation in Syria to the International Criminal Court (ICC). This would be the third such referral following…
Lavabit’s Owner Goes Public: His Legal Ordeal Makes For Bad Law
I’ve written several times here about the Department of Justice’s efforts to force secure email provider Lavabit to turn over its encryption keys. The DOJ wanted transactional…
Judge Bates and FISA Reform
Over at Lawfare, I have a short post on the terribly weak provisions with regard to a “special advocate” to argue before the FISA Court in the Manager’s Amendment…
Secret Courts and the Policy of “Neither Confirm Nor Deny”
On May 2, the English Court of Appeal gave judgment in (1) Mohamed Ahmed Mohamed (2) CF v Secretary of State for the Home Department. The case is the latest development in the…