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.
2,863 Articles
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.
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.
Defending the Rule of Law Requires Ending Guantanamo Detention
After 20 years, continued Guantanamo detention is unjustifiable.
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…
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."
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.
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.
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.
We Now Know What Information the FBI Can Obtain from Encrypted Messaging Apps
Despite its “going dark” claims, the FBI can obtain a remarkable amount of user data from secure messaging apps that collectively have several billion global users.
France Is Not a Safe Haven for Human Rights Abusers – Despite High Court Opinion
The French high court struck a blow against universal jurisdiction recently - but the decision need not doom future cases.
FY22 NDAA: A Missed Opportunity to Improve Military Justice
The draft FY22 NDAA disappoints with watered-down military justice reform provisions.