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.
2,859 Articles
The D.C. Circuit and Guantánamo, Post-Filibuster Edition
I’ve written a lot (too much!) before about both the D.C. Circuit’s jurisprudence in post-Boumediene Guantánamo cases and the Supreme Court’s passivity in…
Equating Terrorism and Bubonic Plague: Bad for Counterterrorism, Bad for the Constitution
If I were Al Qaeda’s director of propaganda and managed to infiltrate an agent into the American judiciary, I’d want him to exaggerate the terrorist threat and then leverage…
Senate Reform Proposals on Sexual Assault in the Military
The scourge of sexual assault continues to plague military policy. This week, the Senate is considering competing reform proposals that could have dramatic consequences for sexual…
ICRC’s Public Reply Regarding Order to Turn Over Confidential Reports to Military Commission
As readers may recall, on November 6, Military Commission Judge James Pohl ordered the prosecution to hand over to him all ICRC confidential reports on its visits to Guantanamo…
Early Thoughts on the New NSA Disclosures
There’s going to be a lot to say in the coming days and weeks about the more-than-six dozen surveillance-related documents declassified and disclosed yesterday by the ODNI.…
Additional documents on telephony records collection (and much more) declassified
The government today made public more documents related to the “telephony records program,” as well as other surveillance-related documents, all of which can be accessed…
Supreme Court Denies EPIC Petition for Mandamus on the Telephony Metadata Program
Without comment or dissent. No surprise. As expected, then, the action turns to the several cases that have been filed in district court, two of which are being argued this…
Hearing in Another Surveillance Challenge Today
In previous posts I’ve discussed filings in the two most prominent challenges to the government’s “Telephony Records Program.” Things are moving along…
Preventive Detention and Human Rights Law: A Way Out of Bagram or Another Dead End?
With the drawdown of US forces in Afghanistan, one of the thorniest problems involves the detention of individuals who cannot be criminally tried but nevertheless pose an acute…
Avoidance of the First Amendment Questions in the Mehanna Case
In contrast with several other wartime eras in our Nation’s history, it is striking that the government’s counterterrorism efforts during the past twelve years have…
Should ICRC Reports on Detainee Visits be Turned Over to Military Commission Defense Counsel?
On November 6, Military Commission Judge James Pohl ordered the prosecution to hand over to him all ICRC confidential reports on its visits to Guantanamo that are in the possession…
Why Killing Terrorists Creates Long-Term Due Process Obligations and What Happens When these Debts Become Due
In July 2013 the European Court of Human Rights (ECtHR) found the United Kingdom in violation of its investigative obligations under Article 2 of the European Convention on Human…