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.

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2,854 Articles
The defendant, former Syrian intelligence officer Anwar Raslan, 58 years old, stands in a courtroom on his day to be sentenced. He has his covid protection mask off and wears a green jacket and cream colored jersey. He stands next to two individuals in dark blue suits.. In the front of the image is the back of a officer with the word "Justice" on a bulletproof vest.
Mobile phone showing image of Donald Trump's Twitter ban against stars of U.S. flag

Big Tech Is Not Big Tobacco

In a hyper-partisan climate, AG litigation against Big Tech could have more costs than benefits.
Image: Left - MONROVIA, LIBERIA – AUGUST 6, 2003: Hundreds of shell casings litter the ground in Monrovia, Liberia, as negotiators try to reach a ceasefire in the country’s brutal civil war. (Chris Hondros/Getty Images) Right - Syrian defendant Anwar R., 57, arrives at court for an unprecedented trial on state-sponsored torture in Syria, on April 23, 2020 at court in Koblenz, western Germany. Prime suspect Anwar R., an alleged former colonel in Syrian state security, stands accused of carrying out crimes against humanity while in charge of the Al-Khatib detention centre in Damascus between April 29, 2011 and September 7, 2012. (Photo by Thomas Lohnes / various sources / AFP). EDITORS NOTE: According to court's ruling, the face of the defendant must be made unrecognizable 

From Syria Torture Trial to Liberian Massacre Case – A Plea for Bolstering Witness Protections in Human Rights Litigation

Witness testimony was key in reaching today's conviction of a former Syrian intelligence official for crimes against humanity. But the testimony placed witnesses and victims at…

Cutting Edge Issues in Year 20 of the Guantánamo Habeas Litigation

After 20 years of Guantánamo litigation, legal questions around detention authority and due process still remain.
Two tall greyscale rectangles cast dark shadows representing the Twin Towers. Text reads, “How Perpetual War Has Changed Us: Reflections on the 20th Anniversary of 9/11”

There Is a Way to Close Guantanamo

An outline of steps to end the policy of law of war detention, close Guantanamo, and end one of the grimmest chapters of the endless war era.
People in orange jumpsuits and black hoods walk in a single-file line in front of US Capitol building

Defending the Rule of Law Requires Ending Guantanamo Detention

After 20 years, continued Guantanamo detention is unjustifiable.
Paul Manafort arrives for a hearing at US District Court on June 15, 2018 in Washington, DC.

Paul Manafort’s Book Deal May Breach His Plea Agreement

Former lead prosecutor in Manafort's case analyzes the reported book deal and Manafort's plea agreement which expressly addressed such a situation.

With Subpoena to a Photojournalist, Jan. 6 Committee Runs Needless Risks to Press Freedom

Alongside the predictable lineup of plaintiffs seeking to block the committee’s subpoenas of their phone records—Michael Flynn, Mark Meadows, and others—one stands out. A…
Aerial view of an improvised camp of asylum seekers and refugees at El Chaparral border crossing in Tijuana, Baja California state, Mexico, on December 6, 2021. - The United States reimplemented the Migrant Protection Protocol (MPP) program, also known as Remain in Mexico, on December 6 after a court order. (Photo by GUILLERMO ARIAS/AFP via Getty Images)

The Fifth Circuit’s Interventionist Administrative Law and the Misguided Reinstatement of Remain in Mexico

Experts Cristina Rodríguez and Adam Cox identify flaws in the decision ordering reinstatement of the "Migrant Protection Protocols."
Chairman Rep. Bennie Thompson, D-MS,flanked by other members of Congress, speaks to the media following testimony during the Select Committee to Investigate the January 6th Attack on the US Capitol adjourned their first hearing on Capitol Hill in Washington, DC, on July 27, 2021. - The committee heard testimony from members of the US Capitol Police and the Metropolitan Police Department who tried to protect the Capitol against insurrectionists on January 6, 2021. (Photo by Olivier DOULIERY / AFP) (Photo by OLIVIER DOULIERY/AFP via Getty Images)

How Stalling Tactics Could Still Constrain the January 6 Committee

Without a greater sense of urgency in the Jan. 6 investigation, it risks failing like every other effort to hold Trump accountable.
Stepan Putilo, founder of internet channel Nexta, speaks on a cell phone at the Belarusian House Foundation in Warsaw, Poland, on May 26, 2021. NEXTA, a Telegram channel with 2.1 million subscribers, provides news and information and shares photo and video content from demonstrations in Belarus. Putilo was a close associate of jailed journalist Roman Protasevich, an exiled Belarusian journalist arrested by the Belarus government when it diverted a European plane on May 23, 2021, and forced it to land in Minsk and removed him from the plane. (Photo by WOJTEK RADWANSKI/AFP via Getty Images)

Exiled Journalists Need Support, Not Autocrat-Fueled Skepticism

Western donors, civil society, and media partners need to update their views of those who've fled repression.
Sign reading "WARNING: WEAPONS/AMMO ILLEGAL IN MEXICO". White sign with yellow "WARNING" header, set against dusty road.

Mexico v. Smith & Wesson: U.S. Court Duel Over Extraterritorial Legal Issues Looms with Motion to Dismiss

U.S. gun manufacturers and distributors moved to dismiss Mexico's against them, teeing up a U.S. court showdown implicating transnational legal issues.
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