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.
2,932 Articles
Troubling Signs in Biden Administration’s Recent Efforts to Reimplement Migrant Protection Protocols Program
"Understanding the significance of the [Supreme Court's Migrant Protection Protocol] ruling ... will be key for the administration to mount the strongest possible defense for the…
Mapping the Key Arguments in Supreme Court Amicus Briefs in Gonzalez v. Google
Cross-published at Tech Policy Press. In late February, the Supreme Court will hold oral arguments to consider the Communications Decency Act’s Section 230, which shields tech…
Congress Should Close the ‘Crimes Against Humanity’ Loophole
Former U.S. Ambassador at Large for War Crimes David J. Scheffer and Kristin Smith on whether U.S. law is adequately equipped to investigate and prosecute atrocities as Congress…
Repatriating Alleged ISIS-Linked Men from Northeast Syria: The Start of Judicial Responses to the Political Stalemate
Recent rulings may force countries to reckon with their denial of due process to the accused and justice to the victims.
Purpose “Unknown”: Proposed Forms Would Undermine Corporate Transparency Act’s Ownership Reporting Regime
Without significant changes, FinCEN’s proposed ownership information reports will enable incomplete reporting and undermine the anti-money laundering, anti-corruption, and tax…
A Special Tribunal for Ukraine on the Crime of Aggression – The Role of the U.N. General Assembly
An essay by leading expert. Ambassador (Ret.) Hans Corell is Former Under-Secretary-General for Legal Affairs and the Legal Counsel of the United Nations.
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…