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
Paradigm Shift: The Consequences of Choosing a War Path, and Leaving It
We owe it to the next generation to grapple now with the consequences of remaining at war -- as well as the consequences of choosing not to be -- lest we find ourselves reflexively…
Crossing Back Over: Time to Reform Legal Culture and Legal Practice of the “War on Terror”
As the conflict has grown and changed, responsibility for these changes has too often been thrust on the shoulders of executive lawyers.
Islands of Advances in a Sea of Setbacks: Central American Rule of Law
The Biden administration’s promise to attack the root causes of migration from Central America just got harder to keep.
France’s `V13′ Trial for the 2015 Paris Terror Attacks: Managing Victims’ Expectations
The trial poses unique challenges for its scale, nature, media attention, and the participation of more than 1,800 victims as “civil” parties.
The Costs of 9/11’s Suspicionless Surveillance: Suppressing Communities of Color and Political Dissent
The domestic intelligence system has grown dramatically since 9/11, often targeting Muslims, people of color, and political movements. It's time to rethink the system.
Between Legitimacy and Control: The Taliban’s Pursuit of Governmental Status
Recognition of a government involves calculations of both law and politics. What factors will influence States' response to the Taliban?
In the “War on Terror,” What Did Rights Organizations Get Wrong?
A leading human rights lawyer raises provocative questions about track record of U.S. human rights organizations. An essay in advance of a live event on Thursday night to discuss…
The Path Not Taken: Reimagining the Post-9/11 World
What would the world today look like if the US had responded to the 9/11 attacks with criminal law instead of through the lens of war?
Corporate Criminal Liability for International Crimes: France and Sweden Are Poised To Take Historic Steps Forward
The growing trend seeking to hold corporations liable for their role in human rights abuses abroad is gaining new momentum.
The International Criminal Court and Afghanistan
Here's how the ICC can advance justice in Afghanistan despite the Taliban takeover.
What the U.S. Withdrawal from Afghanistan Could Mean for Guantanamo Detainees and the Due Process Clause
The D.C. Circuit will soon consider the consequential question of whether the Due Process Clause applies to Guantanamo detainees.
Why a Trump Lawsuit to “Protect” Executive Privilege Could Backfire
Trump may unintentionally invite the DC court and Justice Dept to consider whether the crime-fraud exception applies to his activities relating to Jan. 6.