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
Counterterrorism Under the Radar: A Notable No Fly List Case and its Broader Implications
Amidst all the discussion of the President’s speech on surveillance (and the PCLOB Report on the same subject), the release of Robert Gates’ memoir, and the discovery of horrific…
Section 215 Telephone Metadata Collection: The Privacy and Civil Liberties Oversight Board Trashes Pretty Much Everyone
Wow. There’s really no other way to capture what the Privacy and Civil Liberties Oversight Board told the nation today in its 200+ page report on the NSA’s telephone metadata…
Privacy Board Debunks Purported Justification for NSA’s Phone-Records Dragnet
The just-released report of the Privacy and Civil Liberties Oversight Board is rigorous and well-written, and it’s worth reading in its entirety. One section warranting particular…
Does “Espionage Porn” Make Us Stronger?
Although they have somewhat different focuses, one can find much in common in recent posts about the continuing byproducts of the Snowden disclosures (including last Friday’s…
The Constitutional Case for Judicial Authority To Order the Transfer and Release of Guantánamo Detainees Cleared for Release
In the statement that he issued as he signed the 2014 National Defense Authorization Act (NDAA), President Obama, addressing the Act’s continuing restrictions on the transfer…
Trials in Absentia Under International, Domestic and Lebanese Law
As a follow on to our backgrounder on the Special Tribunal for Lebanon, one additional feature of the current proceedings is worthy of note: the trials are proceedings in absentia. …
Friday Evening Document Dump: DNI Declassifies Host of Additional FISC Orders
Late this afternoon, the DNI declassified two dozen FISC orders related to the collection and use of telephony metadata under Section 215 of the PATRIOT Act. In today’s…
Bulk Data Collection and the Mosaic Theory: A More Balanced Approach to Information
The pending challenges in ACLU v. Clapper and Klayman v. Obama (now on appeal before the Second Circuit and D.C. Circuit, respectively) raise the question of whether the mosaic…
Lebanon Tribunal Begins Work
As we’ve noted, in absentia proceedings have finally begun before the Special Tribunal for Lebanon (STL), a joint creation of the United Nations and Lebanon in The Hague…
Osama bin Laden’s Son-in-Law to Face Trial in NY Within a Year of His Arrest
Judge Lewis Kaplan in the Southern District of New York has been keeping busy. In just the last week, Judge Kaplan issued three decisions in the case of Osama bin Laden’s…
Considering Jones v. UK Requires Reflection Not Knee-Jerk Reactions
Jones v. United Kingdom was handed down by the European Court of Human Rights (ECtHR) on Tuesday. It has already elicited a considerable amount of adverse commentary (here and…
Bob Gates, Disclosure & Executive Privilege
Former Secretary Bob Gates ignited a brushfire of criticism for the timing, disclosures, and motivations of his new book, Duty: Memoirs of a Secretary at War. Much of the reporting…