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
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."
New Ruling Sheds Light on State-Paramilitary Cooperation in Colombia – and on the TVPA
A US court held that Colombian paramilitaries indisputably had a symbiotic relationship with the Colombian state and are therefore liable under the TVPA.
Reopen the Obstruction of Justice Case Against Trump
A key item in Attorney General Merrick Garland’s inbox is gathering dust: Volume 2 of the report by Special Counsel Robert Mueller, whose team investigated possible obstruction…
Incorporating Digital Technology in the Investigation of International Crimes: Lessons from the Democratic Republic of Congo
Key lessons on incorporating digital evidence of international crimes throughout the justice process and increasing its admissibility in court.
Historic Judgment in Liberian Massacre Case Advances US Law
A landmark case offers justice for victims - and new specificity on TVPA, ATS claims for crimes against humanity and war crimes.
Toward a Treaty on Crimes Against Humanity: A View from the Philippines and a Region of `Non-Interference’
Such a convention could help dispel a culture of impunity by reaffirming the gravity of such atrocities and filling gaps left by the Rome Statute.
The Huawei DPA: A Prologue to the Global Arrest Game?
Deferred prosecution agreement for an executive of Chinese tech giant Huawei provides short-term resolutions but raises long-term concerns.
Closing Pandora’s Box
Congress and the Treasury Department must curb law firms, financial advisors, and others implicated in the Pandora Papers secrecy gambits.
Why Religious Persecution Justifies U.S. Legislation on Crimes Against Humanity
Such a law would strengthen the prospect of the US one day seriously considering ratification of a proposed treaty.
Human Rights Plaintiff: US-EU Election Plan for Bosnia Rewards Nationalist Agendas
A politically expedient "fix" would sideline citizens, including those who fought to open the system via the European Court of Human Rights.