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 Khadr Appeal [UPDATE: and the Hicks Appeal]
In October 2010, Omar Khadr pleaded guilty to four violations of the Military Commissions Act of 2009. Khadr, who is presently serving out his sentence in Canada, has now appealed…
Making Sense of the NSA Metadata Collection Program (Part II)
In a previous post here on Just Security, I discussed the constitutionality of the National Security Agency (NSA) program that sweeps up detailed “metadata” pertaining to essentially…
The Coming Hicks and Khadr Appeals: Yet Another Military Commission Headache
As various media outlets reported earlier this week, Australian David Hicks–one of the first detainees charged and convicted (via plea) under the Military Commissions Act…
Some Thoughts on the ICC OTP Strategic Plan: Trying to Build the Future on the Failures of the Past
On October 11th of this year, the Office of the Prosecutor (OTP) at the International Criminal Court (ICC) issued its Strategic Plan for 2012-2015. This roadmap for the conduct…
My New Paper on Standing and Secret Surveillance
Our good friend (and separation-of-powers maven) Peter Shane from (the) Ohio State University’s Moritz College of Law is hosting a “virtual” symposium on NSA…
The End of the M23, Will Justice Follow?
In the last few days, we have witnessed some important and welcome developments in eastern Democratic Republic of Congo (DRC)—a region of the world in desperate need of some…
The Basis for the NSA’s Call-Tracking Program Has Disappeared, If It Ever Existed [Updated]
There’s a significant discrepancy, one that deserves more attention, between what the NSA told the Foreign Intelligence Surveillance Court five years ago about the call-tracking…
Bond v. United States and a Plain Statement Rule
The old adage, “bad facts make bad law,” threatens to reassert itself in an especially damaging fashion in Bond v. United States, a case now before the Supreme Court in which…
Observations on the Oral Argument in Bond
In light of the current efforts of the United States to ensure that even Syria, a nonparty to the treaty, strictly complies with the prohibitions of the Chemical Weapons Convention–and…
The Constitutionality of a FISA “Special Advocate”
The Privacy and Civil Liberties Oversight Board (PCLOB) is holding a day-long hearing today on possible reforms to the NSA’s surveillance activities—especially those conducted…
International Humanitarian Law v. International Human Rights
Note: December 19 “Early Edition” Readers – click here for John Sifton’s guest post, Torture Is Still on the Table. We apologize for the error in the link.…
Live Feed of HPSCI Hearing on Potential Changes to FISA [Update: hearing now complete]
[Update (5:15 pm): The HPSCI Hearing on Potential Changes to FISA is now complete. Recorded video of the hearing testimony is provided below in two parts, due to the length of…