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.
2,854 Articles
The Just Security Podcast: Eliminating the Judicial “Blue Slip”
An obscure process called the “blue slip,” allows a single Senator to stop a judicial nomination in its tracks.
The Year of Section 702 Reform, Part I: Backdoor Searches
Requiring a warrant for U.S. person queries honors the balance between security and liberty struck in the Fourth Amendment and ensures that Section 702 can’t be used to get around…
Israel is Annexing the West Bank. Don’t be Misled by its Gaslighting
Three indicators can show a change in the legal status of a territory, demonstrating de jure annexation, even without a formal declaration. Under this test, Israel is presently…
Biden’s Embrace of Trump’s Transit Ban Violates US Legal and Moral Refugee Obligations
"The new transit ban would violate the United States’ protection obligations to refugees, which are long-standing and solidly based in both international and domestic law."
A Big Few Weeks for Guantanamo: The Good, the Bad, and the Ugly
"It’s been an uncharacteristically Guantanamo-news-filled few weeks – some good, some bad, some ugly. Here’s a quick rundown of recent developments."
For 9/11 Families, Plea Deals Are the Only Path Forward
There is more bipartisan consensus than ever before that military commissions have failed to provide justice for 9/11 families. Plea deals are a way out. The only thing standing…
Trump’s Hush Money is News Again. Here’s Why We Should Care
A criminal investigation of former president Donald Trump now being restarted by Manhattan District Attorney Alvin Bragg, and also discussed in a new book by one of his former…
Pomerantz vs. Pomerantz: An Annotation of His Leaked Resignation Letter in Manhattan DA Trump Investigation
"Many of the assertions in the book, rather than support Pomerantz's resignation letter, cast a very different impression of his prior claims."
Why a “Hybrid” Ukrainian Tribunal on the Crime of Aggression Is Not the Answer
(Ця стаття також доступна українською мовою тут. This article is also available in Ukrainian here.) It is welcome news that the U.K. Government…
Facebook Beware: The “Rest of World” is Hitting Back
A constitutional petition in Kenya asks its High Court to order Facebook to change its algorithm to demote inciteful, hateful and dangerous content.
Dear Senator Durbin, It’s Time to End the “Blue Slip” for Judicial Nominees
It's long past time for the Senate to abandon the anti-democratic "blue slip" process for judicial nominations.
Вид трибуналу грає важливу роль для оцінки імунітетів у Спеціальному трибуналі щодо агресії проти України
Наш аналіз підкреслює, що можливість судити російських високопосадовців за злочин агресії буде…