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.
2,869 Articles
Why the Constitutional Holding in Klayman Wasn’t Necessary
24 hours later, Judge Leon’s 68-page opinion issuing (and then staying) a preliminary injunction against the NSA’s bulk telephony metadata program continues to generate…
Military Commission “Lifts” Provision Classifying “Observations and Experiences”
The pre-trial motions hearing in the 9/11 case (United States v. Mohammed et al.) is back in session this week. Today’s session was in camera and closed (with public…
Judge Leon Enjoins Bulk Metadata Program; Stays Ruling Pending Appeal
Things just got interesting here in D.C. In a ruling issued earlier today, Judge Richard Leon has held that Larry Klayman and Charles Strange have standing to challenge the bulk…
Privacy and Data Collection/Retention in the EU: Villalón Opinion
On Thursday of last week, Advocate General Cruz Villalón (see here for a description of the role of the Advocate General and the non-binding nature of their Opinions) delivered…
The Parallels Between South African and U.S. Law On Universal Jurisdiction
The Parallels Between South African and U.S. Law On Universal Jurisdiction In an earlier post, we noted that the South African universal jurisdiction (UJ) statute is not particularly…
Can §215 Be Used for Content Collection?
At this week’s Senate Judiciary Committee hearing on the National Security Agency’s surveillance authorities, Sen. Patrick Leahy posed a crucial question to the government’s…
The Unexceptional Nature of the South African Universal Jurisdiction Law
In the wake of the moving funeral of Nelson Mandela, we have reported on the recent ruling of the South African Supreme Court of Appeal mandating that the National Prosecution…
International Human Rights Law and Preventive (Security) Detention: A European Exceptionalism?
1. Ryan Goodman is right when he states, in an earlier post on Just Security, that “a significant body of international human rights law clearly permits, and regulates, preventive…
The Potential Pitfalls of Refusing to Reopen the Article III Door for Guantanamo Detainees
The version of the National Defense Authorization Act for FY 2014 (2014 NDAA) reported out by the Senate Armed Service Committee (SASC) would have eliminated the existing bar on…
Preview — Hassan v. UK
Tomorrow (December 11, 2013) the Grand Chamber of the European Court of Human Rights (the ECtHR) will hear the case of Hassan v. United Kingdom (Application No. 29750/09). The…
Associated Forces, Material Support, and the Hidden Flaws in Ali v. Obama
As Steve previously noted over at Lawfare, on Tuesday, the D.C. Circuit affirmed the denial of yet another Guantánamo habeas petition in Ali v. Obama. Specifically, the court…
Latest Snowden Documents Show NSA Tracks Americans’ Cell Location Data
Today’s Washington Post report that the National Security Agency (NSA) is gathering nearly 5 billion records a day on the whereabouts of cellphones around the world should light…