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
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.
Neither Truth Nor Reconciliation: Mexico’s President Betrays Commitment to Transitional Justice
Yet, regardless of the scale and acceleration of abuses, such concerns are marginalized or avoided at high-level US-Mexico meetings.
The Biden Administration’s Moment of Truth on Torture Evidence
US prosecutors claim the authority to use torture-derived evidence in Al-Nashiri's case, contrary to U.S. domestic and international legal obligations.
Litigation Tracker: Major Decisions Facing the Biden Administration
The Biden administration must decide whether to change course or maintain the Trump administration’s litigation approach in major Trump-era cases concerning national security…
Big-Tobacco-Type Lawsuits from State AGs: A Roadmap for Redressing Facebook’s Harms
Facebook has followed the Big Tobacco model, maximizing profit at expense of the public. It's time for AGs to dust off this playbook too.
Closure for Colombia, New Scrutiny for Venezuela: ICC Investigations in Latin America
Both decisions were controversial but also innovative, and created a new panorama in the region going forward.
Unilateral Use of Force in the “National Interest”: Taiwan Doesn’t Meet the Test
Can the President use force to protect Taiwan in the "national interest" without congressional authorization?
Uncertain Future for the ICC’s Investigation into the CIA Torture Program
The ICC Office of the Prosecutor has "deprioritized" investigation of CIA torture in Afghanistan. But Julian Elderfield, a former attorney in the OTP, says the stated reasons for…
Abuse of Interpol for Transnational Repression: Assessing the FY22 NDAA’s Provisions for Prevention
The act needs work, but could set a new standard in limiting Interpol abuse for assassinations, abductions, financial blacklisting and more.
NSO Group Loses Immunity Claim at the Ninth Circuit
In 2019, the messaging platform WhatsApp sued NSO Group, alleging that the Israeli company sent spyware through WhatsApp’s servers to approximately 1,400 mobile devises in violation…