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
A Torture Survivor Speaks at the Guantanamo Military Commissions
Majid Khan described his torture by the United States for the first time in a case that also shows how plea agreements are the only realistic path for those charged in Guantanamo…
The Downstream Effects of Israel’s “Terrorist” Designation on Human Rights Defenders in the US
The Israeli designation may be designed to trigger US counterterrorism sanctions - and chill human rights activism. Here are some options for the US response.
No, Former Presidents Cannot Assert Executive Privilege. At Least Not Meaningfully.
"Former President Trump’s authority, if any, would be at the 'lowest conceivable ebb' by asserting a claim that is incompatible with Congress’s explicit act plus incompatible…
Sudan’s Constitutional Crisis: Dissecting the Coup Declaration
Suspending certain articles while retaining parts of the transitional deal cloaks a unilateral power-grab as merely a course correction.
Gendering the International Court of Justice
"When the votes are cast in the General Assembly this week, women’s rights advocates around the world will be watching States closely."
So, What Does Facebook Take Down? The Secret List of ‘Dangerous’ Individuals and Organizations
Facebook has been criticized for content it allows. But we should be equally skeptical of what it takes down, and its claimed legal reasoning for removals.
The Biden Administration’s Disappointing Sanctions Report: What Should Come Next
Last week, the Treasury Department released a long-awaited report setting forth the results of its “comprehensive review” of U.S. sanctions. To the dismay of sanctions reform…
Changing the Story: Artificial Intelligence and Patent Eligibility
To solve the problem of patent eligibility for AI inventions, it’s time to talk about AI inventions for the truly revolutionary advances that they are.
Counterterrorism Off the Rails: Israel’s Declaration of Palestinian Human Rights Groups as “Terrorist” Organizations
Law professors critically analyze Israel Defense Minister Benny Gantz's designation of six Palestinian human rights groups as “terrorist” organizations
What Comes Next After a Guantanamo Detainee’s Habeas Win
Afghan national Assadullah Haroon Gul won his habeas case at the D.C. District Court. The United States must expeditiously arrange for his transfer to Afghanistan.
Judicial Secrecy: How To Fix the Over-sealing of Federal Court Records
The lack of uniform procedures for sealing federal court records has resulted in excessive secrecy that has caused considerable harm.
Ruminations on the Abu Zubaydah Supreme Court Oral Argument: Three Surprising Turns
“The Supreme Court oral arguments in U.S. v. Husayn (Abu Zubaydah) took a number of surprising but welcome turns."